TA No. TA No. TA No. TA No.1126 1126 1126 1126 of of of of 2025 2025 2025 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 279 RAJNI RAJNI RAJNI RAJNI Vs Vs Vs Vs JASWINDER SINGH JASWINDER SINGH JASWINDER SINGH JASWINDER SINGH CORAM: CORAM: CORAM: CORAM: HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE Present: Mr. Mr. Gaurav Gaur, Advocate for the applicant. Mr. Pawan Attri, Advocate HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) 1.1.1.1. The case bearing “HMA No.185 of 2025” HMA No.185 of 2025” HMA No.185 of 2025” HMA No.185 of 2025” under Section 13 of the Hindu “divorce petition” “divorce petition” “divorce petition” “divorce petition” learned Principal Judge, competent jurisdiction at 2.2.2.2. Briefly stating, the marriage between the was solemnized on account of matrimonial discord petition came to be the present application seeking transfer wife. 3. Learned counsel for the applicant-wife is residing 2025 2025 2025 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. ransfer Application No. ransfer Application No. ransfer Application No. Date of Decision: Date of Decision: Date of Decision: Date of Decision: JASWINDER SINGH JASWINDER SINGH JASWINDER SINGH JASWINDER SINGH …..Respondent(s) …..Respondent(s) …..Respondent(s) …..Respondent(s) HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HARKESH MANUJA HARKESH MANUJA HARKESH MANUJA HARKESH MANUJA Mr. Vivek Kumar Sharma, Advocate for Mr. Gaurav Gaur, Advocate for the applicant. Mr. Pawan Attri, 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 No.185 of 2025” HMA No.185 of 2025” HMA No.185 of 2025” HMA No.185 of 2025” titled “ under Section 13 of the Hindu Marriage Act, 1955 ( “divorce petition” “divorce petition” “divorce petition” “divorce petition”) at the instance of respondent ncipal Judge, Family Court, Kurukshetra competent jurisdiction at Yamuna Nagar, Jagadhari Briefly stating, the marriage between the was solemnized on 05.05.2023 according to Hindu/Sikh rites and account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at the instance of respondent application seeking transfer thereof Learned counsel for the applicant wife is residing in her parental house.... 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 ransfer Application No. ransfer Application No. ransfer Application No. ransfer Application No.1126 1126 1126 1126 of of of of 2025 2025 2025 2025 (O&M) (O&M) (O&M) (O&M) Date of Decision: Date of Decision: Date of Decision: Date of Decision: 13 13 13 13.07.2026 .07.2026 .07.2026 .07.2026 ...... ...... ...... ......Applicant Applicant Applicant Applicant …..Respondent(s) …..Respondent(s) …..Respondent(s) …..Respondent(s) HARKESH MANUJA HARKESH MANUJA HARKESH MANUJA HARKESH MANUJA Vivek Kumar Sharma, Advocate for Mr. Gaurav Gaur, Advocate for the applicant. for the respondent. wife, by way of present application, seeks transfer of “Jaswinder Singh vs. Rajni Jaswinder Singh vs. Rajni Jaswinder Singh vs. Rajni Jaswinder Singh vs. Rajni””””, filed Marriage Act, 1955 (hereinafter to be referred as hereinafter to be referred as hereinafter to be referred as hereinafter to be referred as instance of respondent-husband; from the Court of Kurukshetra to the learned Court of Yamuna Nagar, Jagadhari. Briefly stating, the marriage between the applicant and respondent 3 according to Hindu/Sikh rites and ceremonies. between the parties, the above mentioned divorce preferred at the instance of respondent-husband. Thereupon thereof came to be filed by the applicant applicant, inter alia, contends that the .... Accordingly, a prayer is made for 1 transfer of , filed hereinafter to be referred as hereinafter to be referred as hereinafter to be referred as hereinafter to be referred as husband; from the Court of Court of respondent On between the parties, the above mentioned divorce Thereupon, applicant- , contends that the Accordingly, a prayer is made for MOHMED ATIK 2026.07.16 09:50 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.1126 1126 1126 1126 of of of of 2025 2025 2025 2025 transfer of the above mentioned divorce petition filed at the instance of husband from the Court of learned Principal Judge, the learned Court of competent jurisdiction at Yamuna Nagar, Jagadhari. 4. On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of 5.... I have heard learned counsel for the paper-book. 6. In the present case, admittedly, the under Section 125 learned Principal Judge bearing No.COMA/140/2025 under Section 12 of the Domestic Violence Act, is also pending before the learned Addl. Chief Judicial Magistrate at Yamuna Nagar, Jagadhri 7. As per the averments made in the present transfer application, the applicant-wife is residing income. The applicant travelling expenses dependent upon her parents. 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 application therein. extracted hereun 2025 2025 2025 2025 transfer of the above mentioned divorce petition filed at the instance of from the Court of learned Principal Judge, Court of competent jurisdiction at Yamuna Nagar, Jagadhari. 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 In the present case, admittedly, the 125 Cr.P.C. for grant of maintenance learned Principal Judge, Family Court, Yamuna Nagar, Jagadhri bearing No.COMA/140/2025 under Section 12 of the Domestic Violence Act, is pending before the learned Addl. Chief Judicial Magistrate at Yamuna Nagar, As per the averments made in the present transfer application, the is residing in her parental house income. The applicant is facing great difficulty in bearing the litigation charges and travelling expenses in pursuing the said case and for the financials, she is totally dependent upon her parents. 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:- transfer of the above mentioned divorce petition filed at the instance of respondent from the Court of learned Principal Judge, Family Court, Kurukshetra Court of competent jurisdiction at Yamuna Nagar, Jagadhari. On the other hand, learned counsel for the respondent vehemently the applicant. I have heard learned counsel for the parties and gone through the In the present case, admittedly, the applicant-wife has filed a petitio maintenance which is pending before the Yamuna Nagar, Jagadhri and a complaint bearing No.COMA/140/2025 under Section 12 of the Domestic Violence Act, is pending before the learned Addl. Chief Judicial Magistrate at Yamuna Nagar, As per the averments made in the present transfer application, the her parental house and has no independent source of in bearing the litigation charges and and for the financials, she is totally 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 2019 2019 2019 (13) (13) (13) (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 2 respondent- Kurukshetra to On the other hand, learned counsel for the respondent vehemently and gone through the a petition is pending before the and a complaint bearing No.COMA/140/2025 under Section 12 of the Domestic Violence Act, is pending before the learned Addl. Chief Judicial Magistrate at Yamuna Nagar, As per the averments made in the present transfer application, the and has no independent source of in bearing the litigation charges and and for the financials, she is totally rendered in (13) (13) (13) (13) all connected matrimonial same Court and, accordingly, Relevant paragraph nos.3 to 5 are MOHMED ATIK 2026.07.16 09:50 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.1126 1126 1126 1126 of of of of 2025 2025 2025 2025 “3. pending in Family parties to try all their cases in Bhopal. Learned counsel for the respondent however, submits that it will 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, grant of maintenance and a complaint bearing No.COMA/140/2025 under Section 12 of the Domestic Violence Act, are Jagadhri, , , , therefore be heard together allowed allowed allowed allowed and the divorce petition under Section 13 of the Hindu Marriage Act i.e. HMA No.185 of 2025 HMA No.185 of 2025 HMA No.185 of 2025 HMA No.185 of 2025 husband, stands transferred Court, Kurukshetra Nagar, Jagadhari Family Court, Kurukshetra 10. Pending miscellaneous application(s), if any, shall also stand disposed of. July July July July 13 13 13 13, , , , 20 20 20 2026 26 26 26 Atik Whether speaking/reasoned Whether reportable 2025 2025 2025 2025 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 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 two cases i.e. a petition under Section 125 Cr.P.C. for grant of maintenance and a complaint bearing No.COMA/140/2025 under Section 12 of the Domestic Violence Act, are pending adjudication at therefore, it would be in the interest of both the par be heard together at the same place. Consequently the transfer application is and the divorce petition under Section 13 of the Hindu Marriage Act i.e. HMA No.185 of 2025 HMA No.185 of 2025 HMA No.185 of 2025 HMA No.185 of 2025 titled “Jaswinder Singh vs. Rajni Jaswinder Singh vs. Rajni Jaswinder Singh vs. Rajni Jaswinder Singh vs. Rajni husband, stands transferred from the Court of learned Principal Judge, Kurukshetra to the learned Court of competent jurisdiction at Yamuna Nagar, Jagadhari. The requisite record of the aforesaid case be sent by the Kurukshetra 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 As per the submission of the appellant, two cases are already 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 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 a petition under Section 125 Cr.P.C. for grant of maintenance and a complaint bearing No.COMA/140/2025 under Section pending adjudication at Yamuna Nagar, it would be in the interest of both the parties that all their cases Consequently the transfer application is and the divorce petition under Section 13 of the Hindu Marriage Act i.e. Jaswinder Singh vs. Rajni Jaswinder Singh vs. Rajni Jaswinder Singh vs. Rajni Jaswinder Singh vs. Rajni””””, filed by the respondent from the Court of learned Principal Judge, Family Court of competent jurisdiction at Yamuna The requisite record of the aforesaid case be sent by the learned to the Court concerned. 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 3 As per the submission of the appellant, two cases are already 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 suit to the appellant only, therefore, transfer may not be permitted. The fact remains that the respondent has to travel to the parties Therefore, H.M.A. Case No.71/2016 is transferred from Family Considering the aforesaid facts and circumstances, in the humble a petition under Section 125 Cr.P.C. for grant of maintenance and a complaint bearing No.COMA/140/2025 under Section Yamuna Nagar, ties that all their cases Consequently the transfer application is and the divorce petition under Section 13 of the Hindu Marriage Act i.e. filed by the respondent- Family Court of competent jurisdiction at Yamuna learned Pending miscellaneous application(s), if any, shall also stand disposed MOHMED ATIK 2026.07.16 09:50 I attest to the accuracy and authenticity of this order/judgment