TA-1395-2025 (O&M) --1-- 205 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-1395-2025 (O&M) Decided on:-28.07.2026 Poonam ….Applicant. vs. Mukesh Kumar and another ….Respondents. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Ketan Antil, Advocate, for the applicant. None for respondent No.1. Service of respondent No.2 already dispensed with. ***** HARKESH MANUJA J. (Oral) 1. The applicant-wife, by way of present application, seeks transfer of petition bearing HMA-345-2025 dated 07.05.2025, titled as “Mukesh Kumar vs Poonam and another” filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as “1955 Act”) at the instance of respondent-husband; from the Court of learned Additional & Sessions Principal Judge, Family Court, Jind to the competent Court of jurisdiction at Sonipat. 2. Briefly stating, the marriage between the applicant and respondent No.1 was solemnized on 20.06.2019; out of the wedlock, one girl child, namely, Aanya was born; on account of matrimonial discord between the parties, the above mentioned petition under Section 13 of the 1955 Act, came to be preferred at the instance of respondent No.1-husband. SONIKA 2026.07.29 09:34 I attest to the accuracy and authenticity of this document TA-1395-2025 (O&M) --2-- Thereupon, the present application seeking transfer thereof came to be filed by the applicant-wife. 3. Learned counsel for the applicant, inter alia, contends that the applicant-wife is residing with her widow mother at Sonipat. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of respondent No.1-husband from Family Court, Jind to Family Court, Sonipat. 4. No one has chosen to appear on behalf of respondent No.1, despite having been served through his counsel before the Court below. 5. I have heard learned counsel for the applicant and gone through the paper-book. 6. In the present case, admittedly, the applicant-wife has filed FIR No.326 dated 19.08.2025, under Sections 115, 316(2), 351(3) and 85 of the BNS, at Police Station Sonipat Sadar, District Sonipat and a petition bearing MNT/140/2022 under Section 125 Cr.P.C., which was allowed on 10.09.2024. Thereafter, when respondent No.1 failed to comply with the order, the applicant-wife filed the execution application bearing CRM/209/2025, which is pending before the ld. Family Court, Sonipat. 7. As per the averments made in the present transfer application, the applicant-wife has no independent source of income and is solely dependent upon the mercy of her widow mother, who is residing at Sonipat. Besides it, the applicant is also taking care of her daughter, while staying at Sonipat. 8. Furthermore, the Hon’ble Supreme Court in its decision rendered in “Manjula Singh Chouhan Versus Vishal Singh Chouhan”, reported as 2019 (13) SCC 660 held that, in the interest of both the parties, all connected matrimonial proceedings should ordinarily be heard by the same Court and, SONIKA 2026.07.29 09:34 I attest to the accuracy and authenticity of this document TA-1395-2025 (O&M) --3-- accordingly, allowed the transfer application therein. Relevant paragraphs No. 3 to 5 thereof are reproduced 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 Court, Bhopal. 4. 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. 5. Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal.” 9. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, since FIR No.326 dated 19.08.2025 and execution petition bearing CRM-209/2025 are pending adjudication at Sonipat, therefore, it would be in the interest of both the parties that all their cases be heard together at the same place. Consequently the transfer application is allowed and the petition bearing HMA-345/2025 under Section 13 of the 1955 Act, titled “Mukesh Kumar vs. Poonam and another”, filed by the respondent No.1-husband, stands transferred from the Family Court, Jind, to the Family Court of competent jurisdiction at Sonipat. The requisite record of the aforesaid case be sent by the Family Court, Jind to the Court concerned. 10. Pending miscellaneous application(s), if any, shall also stand disposed off. 28.07.2026 (HARKESH MANUJA) sonika JUDGE (i) Whether speaking/reasoned: Yes/No (ii) Whether reportable: Yes/ No SONIKA 2026.07.29 09:34 I attest to the accuracy and authenticity of this document