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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 217
VARSHA KAUR VARSHA KAUR VARSHA KAUR VARSHA KAUR
Vs Vs Vs Vs DALER SINGH DALER SINGH DALER SINGH DALER SINGH
CORAM:
CORAM:
CORAM:
CORAM: HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE
Present: Mr.
Mr. Munish Puri, 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/177/2025 HMA/177/2025 HMA/177/2025 HMA/177/2025 under Section 13 to be referred as “divorce petition” to be referred as “divorce petition” to be referred as “divorce petition” to be referred as “divorce petition” the Court of learned Principal of competent jurisdiction at Yamuna [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 prayer is made for instance of respondent 555 of 2026 555 of 2026 555 of 2026 555 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:
VARSHA KAUR VARSHA KAUR VARSHA KAUR VARSHA KAUR
DALER SINGH DALER SINGH DALER SINGH DALER SINGH
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. Himanshu Munjal, Advocate for the applicant. Mr. Munish Puri, 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/177/2025 HMA/177/2025 HMA/177/2025 HMA/177/2025, titled “Mr. Daler Singh Vs. Varsha Kaur” Mr. Daler Singh Vs. Varsha Kaur” Mr. Daler Singh Vs. Varsha Kaur” Mr. Daler Singh Vs. Varsha Kaur” under Section 13(1), 13(ia) & 13(ib) of the Hindu to be referred as “divorce petition” to be referred as “divorce petition” to be referred as “divorce petition” to be referred as “divorce petition”) at the instance of respondent the Court of learned Principal Judge, Family Court, competent jurisdiction at Yamuna Nagar at Jagadhri Briefly stating, the marriage between the was solemnized on 04.05.2022 according to Hindu rites and ceremonies. 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 home at prayer is made for transfer of the above mentioned divorce petition filed at the respondent-husband from the Court of learned Principal Judge, 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.555 555 555 555 of 202 of 202 of 202 of 2026666 (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) HARKESH MANUJA HARKESH MANUJA HARKESH MANUJA HARKESH MANUJA for the applicant. for the respondent. wife, by way of present application, seeks transfer of Mr. Daler Singh Vs. Varsha Kaur” Mr. Daler Singh Vs. Varsha Kaur” Mr. Daler Singh Vs. Varsha Kaur” Mr. Daler Singh Vs. Varsha Kaur”, filed of the Hindu Marriage Act, 1955 (hereinafter hereinafter hereinafter hereinafter instance of respondent-husband; from Family Court, Pathankot to the learned Court at Jagadhri. Briefly stating, the marriage between the applicant and respondent 04.05.2022 according to Hindu 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 her parental home at Yamuna Nagar. Accordingly, a transfer of the above mentioned divorce petition filed at the from the Court of learned Principal Judge, Family 1
transfer of , filed hereinafter hereinafter hereinafter hereinafter husband; from Court respondent On between the parties, the above mentioned divorce Thereupon, applicant- , contends that the . Accordingly, a transfer of the above mentioned divorce petition filed at the Family MOHMED ATIK 2026.07.14 10:11 I attest to the accuracy and authenticity of this
order/judgment
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Court, Pathankot at Jagadhri. [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 Court, (1)
““““Varsha Vs. Daler Singh Varsha Vs. Daler Singh Varsha Vs. Daler Singh Varsha Vs. Daler Singh (2) vs. Daler Singh and others” [[[[7777].].].]. As per the averments made in the present transfer application, the applicant-wife is residing with her parents and has no independent source of income. The applicant travelling expenses 350 Kilometers between is totally dependent upon [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 application therein. extracted hereunder: 555 of 2026 555 of 2026 555 of 2026 555 of 2026
Pathankot to the learned Court of competent jurisdiction at Yamuna Nagar 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, Yamuna Nagar at Jagadhri ) Maintenance Application bearing Varsha Vs. Daler Singh Varsha Vs. Daler Singh Varsha Vs. Daler Singh Varsha Vs. Daler Singh””””. Criminal case bearing No.CHI/1774/2023 titled ‘State of Haryana vs. Daler Singh and others”. As per the averments made in the present transfer application, the wife is residing with her parents and has no independent source of income. The applicant is facing great difficulty in bearing the litigation charges and travelling expenses in pursuing the said case as there is a distance of Kilometers between Yamuna Nagar and Pathankot 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, should ordinarily be heard by the allowed the transfer application therein. Relevant paragraph nos.3 to 5 are extracted hereunder:- competent jurisdiction at Yamuna Nagar 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 Yamuna Nagar at Jagadhri:- Maintenance Application bearing MNT No.180 MNT No.180 MNT No.180 MNT No.180 of 2025 of 2025 of 2025 of 2025, titled case bearing No.CHI/1774/2023 titled ‘State of Haryana As per the averments made in the present transfer application, the wife is residing with her parents and has no independent source of in bearing the litigation charges and the said case as there is a distance of approximately Pathankot and for the financials, she 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 should ordinarily be heard by the same Court and, accordingly, Relevant paragraph nos.3 to 5 are 2
competent jurisdiction at Yamuna Nagar On the other hand, learned counsel for the respondent vehemently I have heard learned counsel for the parties and gone through the fe has filed the which are pending adjudication before the Court of learned , titled case bearing No.CHI/1774/2023 titled ‘State of Haryana As per the averments made in the present transfer application, the wife is residing with her parents and has no independent source of in bearing the litigation charges and approximately and for the financials, she rendered in 2019 (13) 2019 (13) 2019 (13) 2019 (13) all connected matrimonial same Court and, accordingly, Relevant paragraph nos.3 to 5 are MOHMED ATIK 2026.07.14 10:11 I attest to the accuracy and authenticity of this
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“3. Family Court, Bho 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 resp 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, grant of maintenance adjudication at Yamuna Nagar both the parties that all their cases be heard together Consequently the transfer application is Section 13 of the Hindu Marriage Act i.e. Vs. Varsha Kaur Vs. Varsha Kaur Vs. Varsha Kaur Vs. Varsha Kaur Court of learned Principal Judge, competent jurisdiction at Yamuna Nagar, aforesaid case be sent by the concerned. [10]. Pending miscellaneous application(s), if any, shall also st of. July July July July 09 09 09 09, , , , 20 20 20 2026 26 26 26 Atik Whether speaking/reasoned Whether reportable 555 of 2026 555 of 2026 555 of 2026 555 of 2026
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. 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 two cases i.e. petition under Section 125 Cr.P.C. for grant of maintenance and a criminal case arising out of FIR No.218, are pending adjudication at Yamuna Nagar, Jagadhri, therefore, both the parties that all their cases be heard together Consequently the transfer application is allowed allowed allowed allowed Section 13 of the Hindu Marriage Act i.e. HMA HMA HMA HMA Vs. Varsha Kaur Vs. Varsha Kaur Vs. Varsha Kaur Vs.
Varsha Kaur””””, filed by the respondent-husband, stands transferred Court of learned Principal Judge, Family Court, jurisdiction at Yamuna Nagar, Jagadhri aforesaid case be sent by the learned Family Court, Pending miscellaneous application(s), if any, shall also st
(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 pending in pal, 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 ondent 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. .71/2016 is transferred from Family Court, Considering the aforesaid facts and circumstances, in the humble since two cases i.e. petition under Section 125 Cr.P.C. for and a criminal case arising out of FIR No.218, are pending Jagadhri, therefore, it would be in the interest of both the parties that all their cases be heard together at the same place allowed allowed allowed allowed and the divorce petition under HMA HMA HMA HMA////177 177 177 177////2025 2025 2025 2025, titled ““““Mr. Daler Singh Mr. Daler Singh Mr. Daler Singh Mr. Daler Singh husband, stands transferred from the Family Court, Pathankot to the learned Court Jagadhri. The requisite record of the Family Court, Pathankot to the Court 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 pending in pal, 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 ondent 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 .71/2016 is transferred from Family Court, Considering the aforesaid facts and circumstances, in the humble since two cases i.e. petition under Section 125 Cr.P.C. for and a criminal case arising out of FIR No.218, are pending it would be in the interest of at the same place. and the divorce petition under Mr. Daler Singh Mr. Daler Singh Mr. Daler Singh Mr. Daler Singh from the of The requisite record of the to the Court and disposed MOHMED ATIK 2026.07.14 10:11 I attest to the accuracy and authenticity of this
order/judgment