TA No. TA No. TA No. TA No.197 197 197 197 of 2026 of 2026 of 2026 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 214 JYOTI JYOTI JYOTI JYOTI Vs Vs Vs Vs MOHIT MANN MOHIT MANN MOHIT MANN MOHIT MANN CORAM: CORAM: CORAM: CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Vijender Singh Rana, Advocate for the applicant. None for the respondent. HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) 1. The case bearing HMA HMA HMA HMA 13(1)(ia)(ib) of the Hindu “divorce petition” “divorce petition” “divorce petition” “divorce petition” learned Principal Judge, Family Court, Mahendergah. 2. Briefly stating, the marriage between the was solemnized on Karteek, was born on parties, the above mentioned divorce petition came to be of respondent-husband. came to be filed by the 3. Learned counsel for the applicant states that residing along with her son transfer of the above mentioned divorce petition filed at the instance of of 2026 of 2026 of 2026 of 2026 (O&M) (O&M) (O&M) (O&M) 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: MOHIT MANN MOHIT MANN MOHIT MANN MOHIT MANN HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Vijender Singh Rana, Advocate for the applicant. None 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 HMA HMA HMA----5234 5234 5234 5234----2025 2025 2025 2025, titled “Mohit Mann vs. Jyoti Mohit Mann vs. Jyoti Mohit Mann vs. Jyoti Mohit Mann vs. Jyoti of the Hindu Marriage Act, 1955 ( “divorce petition” “divorce petition” “divorce petition” “divorce petition”) at the instance of respondent learned Principal Judge, Family Court, Faridabad Family Court, Mahendergah. Briefly stating, the marriage between the was solemnized on 03.12.2017; out of their wedlock, a , was born on 28.12.2019; on account of matrimonial discord parties, the above mentioned divorce petition came to be husband. Thereupon, the present application seeking transfer came to be filed by the applicant-wife. Learned counsel for the applicant states that along with her son at Mahendergarh.... transfer of the above mentioned divorce petition filed at the instance of 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.197 197 197 197 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: 13 13 13 13.07.2026 .07.2026 .07.2026 .07.2026 ...... ...... ...... ......Applicant Applicant Applicant Applicant …..Respondent(s) …..Respondent(s) …..Respondent(s) …..Respondent(s) HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Vijender Singh Rana, Advocate for the applicant. wife, by way of present application, seeks transfer of Mohit Mann vs. Jyoti Mohit Mann vs. Jyoti Mohit Mann vs. Jyoti Mohit Mann vs. Jyoti””””, filed under Section 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 Faridabad to the learned Principal Judge, Briefly stating, the marriage between the applicant and respondent out of their wedlock, a male child namely, n account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at the instance application seeking transfer thereof Learned counsel for the applicant states that the applicant-wife is Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent 1 transfer of filed under Section 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 Principal Judge, respondent namely, between the preferred at the instance thereof wife is Accordingly, a prayer is made for respondent- 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.197 197 197 197 of 2026 of 2026 of 2026 of 2026 husband from the Court of learned Principal Judge, learned Principal Judge, Family Court, Mahendergah. 4. Despite, service no one has chosen to appear on behalf of the respondent. 5. I have heard learned counsel for the paper-book. 6. In the present case, admittedly, the application under Section 144 of BNSS for grant of maintenance against the respondent, which is Family Court, Mahendergarh. 7. As per applicant-wife is residing independent source of income. The applicant the litigation charges and travelling financials, she is totally 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 hereunder: “3. pending in Family parties to try all their cases in Bhopal. Learned counsel for the respondent however, submits that it will suit to the a may not be permitted. The fact remains that the respondent has to travel to Bhopal for conduct of other cases pending in Family of 2026 of 2026 of 2026 of 2026 (O&M) (O&M) (O&M) (O&M) from the Court of learned Principal Judge, learned Principal Judge, Family Court, Mahendergah. Despite, service no one has chosen to appear on behalf of the I have heard learned counsel for the In the present case, admittedly, the application under Section 144 of BNSS for grant of maintenance against the respondent, which is pending adjudication before the Family Court, Mahendergarh. As per the averments made in the present transfer application, the wife is residing along with her son independent source of income. The applicant is facing the litigation charges and travelling expenses in 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:- 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 a may not be permitted. The fact remains that the respondent has to travel to Bhopal for conduct of other cases pending in Family from the Court of learned Principal Judge, Family Court, Faridabad to the learned Principal Judge, Family Court, Mahendergah. Despite, service no one has chosen to appear on behalf of the I have heard learned counsel for the applicant and gone through the In the present case, admittedly, the applicant-wife has filed application under Section 144 of BNSS for grant of maintenance against the pending adjudication before the learned Principal Judge, the averments made in the present transfer application, the son at Mahendergarh and has no is facing great difficulty in bearing 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 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, Relevant paragraph nos.3 to 5 are 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 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. 2 to the Despite, service no one has chosen to appear on behalf of the and gone through the an application under Section 144 of BNSS for grant of maintenance against the Principal Judge, the averments made in the present transfer application, the and has no in bearing and for the rendered in 2019 (13) 2019 (13) 2019 (13) 2019 (13) all connected matrimonial same Court and, accordingly, Relevant paragraph nos.3 to 5 are 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 ppellant only, therefore, transfer may not be permitted. The fact remains that the respondent has to travel to 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.197 197 197 197 of 2026 of 2026 of 2026 of 2026 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 Cour grant of interim maintenance would be in the interest of both the parties that all their cases be heard together the same place. petition under Section 13 2025 2025 2025 2025 titled “Mohit Mann vs. Jyoti Mohit Mann vs. Jyoti Mohit Mann vs. Jyoti Mohit Mann vs. Jyoti transferred from the Court of learned the learned Principal Judge, Family Court, Mahendergah. the aforesaid case be sent by the concerned. 10. Respondent shall be at liberty to four weeks from today, in case any incorrect fact is placed before this Court. 11. 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 of 2026 of 2026 of 2026 of 2026 (O&M) (O&M) (O&M) (O&M) We are of the view that it will be in the interests of both the parties hat 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 an application under Section interim maintenance is pending adjudication at would be in the interest of both the parties that all their cases be heard together . Consequently the transfer application is petition under Section 13(1)(ia)(ib) of the Hindu Marriage Act i.e. Mohit Mann vs. Jyoti Mohit Mann vs. Jyoti Mohit Mann vs. Jyoti Mohit Mann vs. Jyoti””””, filed by the respondent from the Court of learned Principal Judge, learned Principal Judge, Family Court, Mahendergah. the aforesaid case be sent by the learned Family Court, Respondent shall be at liberty to file an appropriate application within four weeks from today, in case any incorrect fact is placed before this Court. 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 We are of the view that it will be in the interests of both the parties hat 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 pplication under Section 144 of BNSS, 2023 adjudication at Mahendergarh, therefore would be in the interest of both the parties that all their cases be heard together Consequently the transfer application is allowed allowed allowed allowed and the divorce of the Hindu Marriage Act i.e. HMA HMA HMA HMA----5234 5234 5234 5234 filed by the respondent-husband, stands Principal Judge, Family Court, Faridabad learned Principal Judge, Family Court, Mahendergah. The requisite record of Family Court, Faridabad to the Court file an appropriate application within four weeks from today, in case any incorrect fact is placed before this 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 We are of the view that it will be in the interests of both the parties Therefore, H.M.A. Case No.71/2016 is transferred from Family Considering the aforesaid facts and circumstances, in the humble for , therefore, it would be in the interest of both the parties that all their cases be heard together at and the divorce 5234 5234 5234 5234---- husband, stands Faridabad to The requisite record of to the Court file an appropriate application within 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