TA No. TA No. TA No. TA No.1706 of 2025 1706 of 2025 1706 of 2025 1706 of 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA 275 ANURADHA ANURADHA ANURADHA ANURADHA Vs Vs Vs Vs YOGESH AGARWAL YOGESH AGARWAL YOGESH AGARWAL YOGESH AGARWAL CORAM: CORAM: CORAM: CORAM: HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE Present: Mr. for the applicant. Mr. for the respondent. HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) [1]. [1]. [1]. [1]. The case bearing HMA/69/2024 HMA/69/2024 HMA/69/2024 HMA/69/2024 Section 13 of the Hindu petition” petition” petition” petition”) at the Principal Judge, District Rohtak. [2] [2] [2] [2].... Briefly stating, the marriage between the was solemnized on Divyanka, was born on parties, the above mentioned divorce petition came to be of respondent-husband. came to be filed by the 1706 of 2025 1706 of 2025 1706 of 2025 1706 of 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH Transfer Application No.1706 Transfer Application No.1706 Transfer Application No.1706 Transfer Application No.1706 Date of Decision: Date of Decision: Date of Decision: Date of Decision: YOGESH AGARWAL YOGESH AGARWAL YOGESH AGARWAL YOGESH AGARWAL HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HARKESH MANUJ HARKESH MANUJ HARKESH MANUJ HARKESH MANUJ Mr. Reetesh Kumar, Advocate for the applicant. Mr. Sandeep Sharma, Advocate for the respondent. **** HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) The applicant-wife, by way of present HMA/69/2024 HMA/69/2024 HMA/69/2024 HMA/69/2024, titled “Yogesh Agarwal Vs. Anuradha Yogesh Agarwal Vs. Anuradha Yogesh Agarwal Vs. Anuradha Yogesh Agarwal Vs. Anuradha Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce ) at the instance of respondent-husband; from the Court of learned Principal Judge, Family Court, Jind to the Court of Briefly stating, the marriage between the was solemnized on 16.02.2021; out of their wedlock, a girl child , was born on 28.11.2021; on account of parties, the above mentioned divorce petition came to be husband. Thereupon, the present application seeking transfer came to be filed by the applicant-wife. IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH Transfer Application No.1706 Transfer Application No.1706 Transfer Application No.1706 Transfer Application No.1706 of 2025 (O&M) of 2025 (O&M) of 2025 (O&M) of 2025 (O&M) Date of Decision: Date of Decision: Date of Decision: Date of Decision: 09 09 09 09.07.2026 .07.2026 .07.2026 .07.2026 ...... ...... ...... ......Applicant Applicant Applicant Applicant …..Respondent(s) …..Respondent(s) …..Respondent(s) …..Respondent(s) HARKESH MANUJ HARKESH MANUJ HARKESH MANUJ HARKESH MANUJAAAA wife, by way of present application, seeks transfer of Yogesh Agarwal Vs. Anuradha Yogesh Agarwal Vs. Anuradha Yogesh Agarwal Vs. Anuradha Yogesh Agarwal Vs. Anuradha””””, filed under hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce husband; from the Court of learned to the Court of competent jurisdiction at Briefly stating, the marriage between the applicant and respondent ; out of their wedlock, a girl child namely, ; on account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at the instance application seeking transfer thereof 1 transfer of , filed under hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce husband; from the Court of learned competent jurisdiction at respondent namely, between the preferred at the instance thereof MOHMED ATIK 2026.07.13 12:34 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.1706 of 2025 1706 of 2025 1706 of 2025 1706 of 2025 [3]. Learned cou complaint moved by the applicant, an FIR No.14 dated 14.01.2023 under Sections 498-A, 323, 406 and 34 IPC has been registered at Police Station Arya Nagar, Rohtak, wherein pending before the Court of learned Judicial Magistrate, Rohtak. Besides, this one more FIR No.187 dated 31.05.2023 under Sections 323, 324, 201 & 506 IPC has been got registered by the app Sector- 6, Bahadurgarh, in which challan has been filed and the same is fixed for prosecution evidence before the Court of learned Judicial Magistrate at Bahadurgarh. It minor daughter transfer of the above mentioned divorce petition filed at the instance of husband from Court of learned Principal Judge, competent jurisdiction at District Rohtak. [4]. [4]. [4]. [4]. On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the [[[[5555].].].]. I have heard learned counsel for the parties and gone through paper-book. [[[[6666].].].]. In the present case, admittedly, the two FIRs in which 14.01.2023 is pending adjudication before the Court of learned Rohtak and FIR No.187 dated 31.05.2023 Judicial Magistrate, Bahadurgarh. [[[[7777].].].]. As per the averments made in the present transfer application, the applicant-wife is residing 1706 of 2025 1706 of 2025 1706 of 2025 1706 of 2025 Learned counsel for the applicant complaint moved by the applicant, an FIR No.14 dated 14.01.2023 under Sections A, 323, 406 and 34 IPC has been registered at Police Station Arya Nagar, , wherein challan has been filed against the respondent and now the case is pending before the Court of learned Judicial Magistrate, Rohtak. Besides, this one more FIR No.187 dated 31.05.2023 under Sections 323, 324, 201 & 506 IPC has been got registered by the applicant against the respondent at Police Station, 6, Bahadurgarh, in which challan has been filed and the same is fixed for prosecution evidence before the Court of learned Judicial Magistrate at It is further submitted that the applica daughter in her parental home at Rohtak. Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of Court of learned Principal Judge, competent jurisdiction at District Rohtak. On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant I have heard learned counsel for the parties and gone through In the present case, admittedly, the in which challan has already been filed pending adjudication before the Court of learned FIR No.187 dated 31.05.2023 is pending Judicial Magistrate, Bahadurgarh. As per the averments made in the present transfer application, the wife is residing at her parental home applicant, inter alia, contends that upon a complaint moved by the applicant, an FIR No.14 dated 14.01.2023 under Sections A, 323, 406 and 34 IPC has been registered at Police Station Arya Nagar, challan has been filed against the respondent and now the case is pending before the Court of learned Judicial Magistrate, Rohtak. Besides, this one more FIR No.187 dated 31.05.2023 under Sections 323, 324, 201 & 506 IPC has licant against the respondent at Police Station, 6, Bahadurgarh, in which challan has been filed and the same is fixed for prosecution evidence before the Court of learned Judicial Magistrate at applicant is residing alongwith her . Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent Court of learned Principal Judge, Family Court, Jind to the Court of On the other hand, learned counsel for the respondent vehemently applicant. I have heard learned counsel for the parties and gone through In the present case, admittedly, the applicant-wife has got registered challan has already been filed. Out of which, FIR No.14 dated pending adjudication before the Court of learned Judicial Magistrate, is pending before the Court of learned As per the averments made in the present transfer application, the at her parental home and is working as an Office 2 upon a complaint moved by the applicant, an FIR No.14 dated 14.01.2023 under Sections A, 323, 406 and 34 IPC has been registered at Police Station Arya Nagar, challan has been filed against the respondent and now the case is pending before the Court of learned Judicial Magistrate, Rohtak. Besides, this one more FIR No.187 dated 31.05.2023 under Sections 323, 324, 201 & 506 IPC has licant against the respondent at Police Station, 6, Bahadurgarh, in which challan has been filed and the same is fixed for prosecution evidence before the Court of learned Judicial Magistrate at is residing alongwith her . Accordingly, a prayer is made for respondent- to the Court of On the other hand, learned counsel for the respondent vehemently I have heard learned counsel for the parties and gone through the got registered FIR No.14 dated Judicial Magistrate, before the Court of learned As per the averments made in the present transfer application, the is working as an Office MOHMED ATIK 2026.07.13 12:34 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.1706 of 2025 1706 of 2025 1706 of 2025 1706 of 2025 Superintendent (Group B, Non Rohtak. The applicant is also taking care of her minor daughter. [8]. [8]. [8]. [8]. Furthermore, the Hon’ble Supreme Court in its decision Manjula Singh Chouhan Manjula Singh Chouhan Manjula Singh Chouhan Manjula Singh Chouhan SCC 660 SCC 660 SCC 660 SCC 660”””” held that, in the interest of both the parties, proceedings should ordinarily be heard by the allowed the transfer extracted hereunder: “3. pending in Family parties to try all their cases in B however, submits that it will suit to the appellant only, therefore, transfer may not be permitted. The fact remains that the respondent has to travel to Bhopal for conduct of other cases pending in Family 4. that all their cases be heard together by the same Court. 5. Court, Indore to the Family Court, Bhopal. [9]. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, learned Judicial Magistrate, Rohtak, therefore, the parties that a the transfer application is Hindu Marriage Act i.e. filed by the respondent Principal Judge, 1706 of 2025 1706 of 2025 1706 of 2025 1706 of 2025 Superintendent (Group B, Non-Gazetted) at the office of Income Tax Officer at The applicant is also taking care of her minor daughter. Furthermore, the Hon’ble Supreme Court in its decision Manjula Singh Chouhan Manjula Singh Chouhan Manjula Singh Chouhan Manjula Singh Chouhan Versus Versus Versus Versus Vishal Singh Chouhan, Vishal Singh Chouhan, Vishal Singh Chouhan, Vishal Singh Chouhan, held that, in the interest of both the parties, proceedings should ordinarily be heard by the allowed the transfer application therein. Relevant paragraph nos.3 to 5 are extracted hereunder:- 3. As per the submission of the appellant, two cases are already pending in Family Court, Bhopal, and it will be in the interests of both the parties to try all their cases in Bhopal. Learned counsel for the respondent however, submits that it will suit to the appellant only, therefore, transfer may not be permitted. The fact remains that the respondent has to travel to Bhopal for conduct of other cases pending in Family We are of the view that it will be in the interests of both the parties that all their cases be heard together by the same Court. Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, since FIR No.14 is pending adjudication before the Court of learned Judicial Magistrate, Rohtak, therefore, the parties that all their cases be heard together by the same Court. the transfer application is allowed allowed allowed allowed and the divorce petition under Section 13 of the Hindu Marriage Act i.e. HM HM HM HMAAAA////69 69 69 69////2024 2024 2024 2024 titled filed by the respondent-husband, stands transferred from the Principal Judge, Family Court, Jind to the Court of Gazetted) at the office of Income Tax Officer at The applicant is also taking care of her minor daughter. Furthermore, the Hon’ble Supreme Court in its decision rendered in Vishal Singh Chouhan, Vishal Singh Chouhan, Vishal Singh Chouhan, Vishal Singh Chouhan, reported as “2019 (13) 2019 (13) 2019 (13) 2019 (13) held that, in the interest of both the parties, all connected matrimonial proceedings should ordinarily be heard by the same Court and, accordingly, Relevant paragraph nos.3 to 5 are As per the submission of the appellant, two cases are already Court, Bhopal, and it will be in the interests of both the hopal. Learned counsel for the respondent however, submits that it will suit to the appellant only, therefore, transfer may not be permitted. The fact remains that the respondent has to travel to Bhopal for conduct of other cases pending in Family Court, Bhopal. We are of the view that it will be in the interests of both the parties that all their cases be heard together by the same Court. Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal.” Considering the aforesaid facts and circumstances, in the humble since FIR No.14 is pending adjudication before the Court of it would be in the interest of both ll their cases be heard together by the same Court. Consequently and the divorce petition under Section 13 of the titled ““““Yogesh Agarwal Vs. Anuradha Yogesh Agarwal Vs. Anuradha Yogesh Agarwal Vs. Anuradha Yogesh Agarwal Vs. Anuradha stands transferred from the Court of learned to the Court of competent jurisdiction at 3 Gazetted) at the office of Income Tax Officer at rendered in 2019 (13) 2019 (13) 2019 (13) 2019 (13) all connected matrimonial same Court and, accordingly, Relevant paragraph nos.3 to 5 are As per the submission of the appellant, two cases are already Court, Bhopal, and it will be in the interests of both the hopal. Learned counsel for the respondent however, submits that it will suit to the appellant only, therefore, transfer may not be permitted. The fact remains that the respondent has to travel to We are of the view that it will be in the interests of both the parties Therefore, H.M.A. Case No.71/2016 is transferred from Family Considering the aforesaid facts and circumstances, in the humble since FIR No.14 is pending adjudication before the Court of it would be in the interest of both Consequently and the divorce petition under Section 13 of the Yogesh Agarwal Vs. Anuradha Yogesh Agarwal Vs. Anuradha Yogesh Agarwal Vs. Anuradha Yogesh Agarwal Vs. Anuradha””””, Court of learned competent jurisdiction at MOHMED ATIK 2026.07.13 12:34 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.1706 of 2025 1706 of 2025 1706 of 2025 1706 of 2025 District Rohtak. Family Court, Jind [10]. Pending miscellaneous application(s), if any, shall also stand disposed of. July July July July 09 09 09 09, , , , 20 20 20 2026 26 26 26 Atik Whether speaking/reasoned Whether reportable 1706 of 2025 1706 of 2025 1706 of 2025 1706 of 2025 . The requisite record of the aforesaid case be sent by the Jind to the Court concerned. Pending miscellaneous application(s), if any, shall also stand disposed (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) Whether speaking/reasoned Yes/No Whether reportable Yes/No The requisite record of the aforesaid case be sent by the learned Pending miscellaneous application(s), if any, shall also stand disposed (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) JUDGE JUDGE JUDGE JUDGE Yes/No Yes/No 4 learned Pending miscellaneous application(s), if any, shall also stand disposed MOHMED ATIK 2026.07.13 12:34 I attest to the accuracy and authenticity of this order/judgment