Extracted from the PDF above. The PDF is authoritative.
TA No.
TA No.
TA No. TA No.213 of 2026 213 of 2026 213 of 2026 213 of 2026
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 211
ANJU ANJU ANJU ANJU
Vs Vs Vs Vs RAJAN AND ANOTHER RAJAN AND ANOTHER RAJAN AND ANOTHER RAJAN AND ANOTHER
CORAM:
CORAM:
CORAM:
CORAM: HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH
Present: Ms. Pooja Jaglan
for the applicant.
Mr. B.S. Walia, Advocate and
Mr. Deep Inder Singh Walia, Advocate
HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) [1]. [1]. [1]. [1].
The case bearing DMC/620/2025 DMC/620/2025 DMC/620/2025 DMC/620/2025 filed under Section 13 be referred as “divorce petition” be referred as “divorce petition” be referred as “divorce petition” be referred as “divorce petition” Court of learned Principal Judge, Principal Judge, Family Court, [2] [2] [2] [2].... Briefly stating, the marriage between the was solemnized on Deswal and Karan Deswal the parties, the above mentioned divorce petition came to be instance of respondent transfer thereof came to be filed by the [3].
Learned counsel for the maintenance application bearing MNT No. was allowed and now execution is pending 213 of 2026 213 of 2026 213 of 2026 213 of 2026
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:
RAJAN AND ANOTHER RAJAN AND ANOTHER RAJAN AND ANOTHER RAJAN AND ANOTHER
HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH Ms. Pooja Jaglan, Advocate for the applicant. Mr. B.S. Walia, Advocate and Mr. Deep Inder Singh Walia, Advocate **** HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) The applicant-wife, by way of present DMC/620/2025 DMC/620/2025 DMC/620/2025 DMC/620/2025, dated 21.05.2025, titled filed under Section 13(1)(i)(ia)(ib) of the Hindu be referred as “divorce petition” be referred as “divorce petition” be referred as “divorce petition” be referred as “divorce petition”) at the instance of respondent Court of learned Principal Judge, Family Court, Principal Judge, Family Court, Panipat. Briefly stating, the marriage between the was solemnized on 28.04.1999; out of their wedlock, Deswal and Karan Deswal were born; on account of matrimonial discord the parties, the above mentioned divorce petition came to be instance of respondent-husband. Thereupon, the present came to be filed by the applicant
Learned counsel for the applicant maintenance application bearing MNT No. 141 was allowed and now execution is pending before the Court of learned Principal 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.213 213 213 213 of of of of 2026 2026 2026 2026 (O&M) (O&M) (O&M) (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) HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH MANUJA MANUJA MANUJA MANUJA Mr. Deep Inder Singh Walia, Advocate for the respondent.
wife, by way of present application, seeks transfer of , titled “Rajan Vs. Anju and Anr. Rajan Vs. Anju and Anr. Rajan Vs. Anju and Anr. Rajan Vs. Anju and Anr. of the Hindu Marriage Act, 1955 (hereinafter to hereinafter to hereinafter to hereinafter to instance of respondent-husband; from Family Court, Hisar to the Court of learned Briefly stating, the marriage between the applicant and respondent ; out of their wedlock, two children namely Mayank ; on account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at the , the present application seeking applicant-wife. applicant, inter alia, contends that the of 2021 filed by the applicant-wife before the Court of learned Principal 1
transfer of Rajan Vs. Anju and Anr. Rajan Vs. Anju and Anr. Rajan Vs. Anju and Anr. Rajan Vs. Anju and Anr.””””, hereinafter to hereinafter to hereinafter to hereinafter to husband; from the to the Court of learned respondent namely Mayank between preferred at the application seeking , contends that the wife before the Court of learned Principal MOHMED ATIK 2026.07.14 14:30 I attest to the accuracy and authenticity of this
order/judgment
TA No.
TA No.
TA No. TA No.213 of 2026 213 of 2026 213 of 2026 213 of 2026
Judge, Family Court, Panipat. Accordingly, a prayer is made for petition filed at the instance of Principal Judge, Family Court, Panipat. [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 the paper-book. [[[[6666].].].]. In the present case, admittedly, the following cases Principal Judge, Family (1) payment of interim maintenance passed by the learned Family Court. (2) dated 14.07.2017 [[[[7777].].].]. As per the averments made in the present transfer application, the applicant-wife is source of income. [8]. [8]. [8]. [8]. Furthermore, the Hon’ble Supreme 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 213 of 2026 213 of 2026 213 of 2026 213 of 2026
Judge, Family Court, Panipat. It is further submitted that the . Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent-husband Principal Judge, Family Court, Hisar to the Court of learned Principal Judge, Panipat. 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 the In the present case, admittedly, the cases which are pending adjudication before the Court of learned Principal Judge, Family Court, Panipat:- (1) Execution Petition bearing CRM payment of interim maintenance granted vide order dated 02.12.2025 passed by the learned Family Court. (2) Complaint case bearing COMA dated 14.07.2017. As per the averments made in the present transfer application, the wife is residing at Panipat and is not working and source of income.
Furthermore, the Hon’ble Supreme 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 is further submitted that the applicant is residing at transfer of the above mentioned divorce usband from the Court of learned to the Court of learned Principal Judge, On the other hand, learned counsel for the respondent vehemently applicant. I have heard learned counsel for the parties and gone through the In the present case, admittedly, the applicant-wife has filed the which are pending adjudication before the Court of learned Execution Petition bearing CRM-335/2025 for making remaining granted vide order dated 02.12.2025
Complaint case bearing COMA-208/2025 arising out of FIR No.41 As per the averments made in the present transfer application, the is not working and has no independent 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, 2
is residing at transfer of the above mentioned divorce from the Court of learned to the Court of learned Principal Judge, On the other hand, learned counsel for the respondent vehemently I have heard learned counsel for the parties and gone through the wife has filed the which are pending adjudication before the Court of learned 2025 for making remaining granted vide order dated 02.12.2025 arising out of FIR No.41 As per the averments made in the present transfer application, the no independent rendered in 2019 (13) 2019 (13) 2019 (13) 2019 (13) all connected matrimonial same Court and, accordingly, MOHMED ATIK 2026.07.14 14:30 I attest to the accuracy and authenticity of this
order/judgment
TA No.
TA No.
TA No. TA No.213 of 2026 213 of 2026 213 of 2026 213 of 2026
allowed the transfer application therein. extracted hereunder:
“3. Family Court, Bhopal, and it will be in the interes 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 pending in Family Court, Bhopal. 4. their cases be heard together by the same Court. 5. Indore to the Family Court, Bhopal.”
[9]. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, payment of interim maintenance as well as a complaint are pending adjudication at Panipat, therefore, i the parties that all their cases be heard together transfer application is 13(1)(i)(ia)(ib) of the Hindu Marriage Act i.e. Anju and anr. Anju and anr. Anju and anr. Anju and anr.””””, filed by the respondent of learned Principal Judge, Judge, Family Court, the learned Family Court, [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 213 of 2026 213 of 2026 213 of 2026 213 of 2026
allowed the transfer application therein. Relevant paragraph nos.3 to 5 are extracted hereunder:-
As per the submission of the appellant, two cases are already pending in Family Court, Bhopal, and it will be in the interes 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 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 Famil Indore to the Family Court, Bhopal.” Considering the aforesaid facts and circumstances, in the humble opinion of this Court, since two cases i.e. execution petition for making remaining payment of interim maintenance as well as a complaint are pending adjudication at Panipat, therefore, i the parties that all their cases be heard together at the same place transfer application is allowed allowed allowed allowed and the divorce petition un of the Hindu Marriage Act i.e. , filed by the respondent-husband, stands transferred of learned Principal Judge, Family Court, Hisar Judge, Family Court, Panipat. The requisite record of the aforesaid case be sent by Family Court, Hisar 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 Relevant paragraph nos.3 to 5 are 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 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, Considering the aforesaid facts and circumstances, in the humble since two cases i.e. execution petition for making remaining payment of interim maintenance as well as a complaint arising out of FIR No.41, are pending adjudication at Panipat, therefore, it would be in the interest of both at the same place. Consequently the and the divorce petition under Section of the Hindu Marriage Act i.e. DMC/ DMC/ DMC/ DMC/666620 20 20 20////2025 2025 2025 2025, titled ““““Rajan Vs. Rajan Vs. Rajan Vs.
Rajan Vs. husband, stands transferred from the Court Hisar to the Court of learned Principal The requisite record of the aforesaid case be sent by 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
Relevant paragraph nos.3 to 5 are As per the submission of the appellant, two cases are already pending in ts 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 conduct of other cases We are of the view that it will be in the interests of both the parties that all y Court, Considering the aforesaid facts and circumstances, in the humble since two cases i.e. execution petition for making remaining arising out of FIR No.41, t would be in the interest of both Consequently the der Section Rajan Vs. Rajan Vs. Rajan Vs. Rajan Vs. from the Court to the Court of learned Principal The requisite record of the aforesaid case be sent by Pending miscellaneous application(s), if any, shall also stand disposed MOHMED ATIK 2026.07.14 14:30 I attest to the accuracy and authenticity of this
order/judgment