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2026 DAILYLAW 28628 (PNJ)

MONIKA v. MANISH

TA/729/2026 · 2026-07-08

Harkesh Manuja

body2026

Judgment text

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TA-729-2026 (O&M) --1-- 215 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-729-2026 (O&M) Decided on:-08.07.2026 Monika ….Applicant. vs. Manish ….Respondent. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Sayyam Garg, Advocate for the applicant. None for the respondent. ***** HARKESH MANUJA J. (Oral) 1. The applicant-wife, by way of present application, seeks transfer of divorce petition bearing DMC-776/2024 dated 17.09.2024, (Annexure P- 1), titled “Manish vs. Monika”, 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 Principal Judge(Family Court), Panipat to the competent Court of jurisdiction at Faridabad. 2. Briefly stating, the marriage between the applicant and respondent was solemnized on 21.07.2018; out of their wedlock, a girl child namely, Vani, aged 7 years was born; on account of matrimonial discord between the parties, the above mentioned divorce petition under Section 13 of 1955 Act, came to be preferred at the instance of respondent-husband. 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 SONIKA 2026.07.10 14:00 I attest to the accuracy and authenticity of this document TA-729-2026 (O&M) --2-- applicant-wife has also filed the following three cases before the Court of learned District & Sessions Court, Faridabad:- (i) Petition (bearing No.MNT-572-2024) for maintenance under Section 125 Cr.P.C.; (ii) Complaint (No.COMA/1002-2024) under Section 12 of the Protection of Women from Domestic Violence Act, 2005; (iii) CHI/282/2025 (arising out of FIR No.134/2024 registered at P.S. Women NIT, Faridabad. It is submitted that the applicant is residing alongwith her minor daughter (studying at Faridabad) at her parental home at Faridabad which is about 150 Kms away from Panipat. Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent-husband from Family Court, Panipat to Family Court, Faridabad. 4. Despite service, no one has chosen to appear on behalf of the respondent. 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 the abovementioned three cases which are pending adjudication before the learned District & Sessions Court, Faridabad. 7. As per the averments made in the present transfer application, the applicant-wife has no independent source of income and is solely dependent on her parents. Besides it, the applicant is also taking care of her minor daughter, namely, Vani, who is studying at Faridabad. 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 SONIKA 2026.07.10 14:00 I attest to the accuracy and authenticity of this document TA-729-2026 (O&M) --3-- matrimonial proceedings should ordinarily be heard by the same Court and, accordingly, allowed the transfer application therein. Relevant paragraphs No. 3 to 5 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, it would be in the interest of both the parties that all their cases be heard together by the same Court. Consequently the transfer application is allowed and the petition under Section 13 of the 1955 Act i.e. DMC/776/2024 dated 17.09.2024, titled “Manish Vs. Monika”, filed by the respondent-husband, stands transferred from the Family Court, Panipat, to the Family Court of competent jurisdiction at Faridabad. The requisite record of the aforesaid case be sent by the Family Court, Panipat to the Court concerned. 10. Pending miscellaneous application(s), if any, shall also stand disposed off. 08.07.2026 (HARKESH MANUJA) sonika JUDGE (i) Whether speaking/reasoned: Yes/No (ii) Whether reportable: Yes/ No SONIKA 2026.07.10 14:00 I attest to the accuracy and authenticity of this document