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TA-500-2026 (O&M) --1-- 201 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-500-2026 (O&M) Decided on:-15.07.2026 Sawati @ Swati ….Applicant. vs. Harjeet ….Respondent.
CORAM:
HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Vishwajeet, Advocate for the applicant.
None for the respondent. ***** HARKESH MANUJA J. (Oral)
1. The applicant-wife, by way of present application, seeks transfer of petition bearing No.HMA/117/2026 (Annexure P-1), titled “Harjeet vs. Swati”, filed under Section 13(1) (ia) 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, Jhajjar to the competent Court of jurisdiction at Jind.
2. Briefly stating, the marriage between the applicant and respondent was solemnized on 10.11.2024; on account of matrimonial discord between the parties, the above mentioned petition under Section 13(1) (ia) of the 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 2026.07.16 18:09 I attest to the accuracy and authenticity of this document
TA-500-2026 (O&M) --2-- applicant-wife has also filed the following two cases before the ld. Family Court, Jind:- (i) petition bearing MNT/125/59/2026, under Section 144 of BNSS for grant of maintenance; (ii) complaint bearing No.COMA/66/2026 under Section 12 of Protection of Women from Domestic Violence Act, 2005 (for short, “DV Act”). Accordingly, a prayer is made for transfer of the petition under Section 13(1) (ia) of the 1955 Act filed at the instance of respondent- husband from Family Court, Jhajjar to Family Court, Jind. 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 aforementioned two cases, which are pending adjudication before the learned Family Court at Jind. 7. As per the averments made in the present transfer application, the applicant-wife is a household lady having no independent source of income and is solely dependent on her parents. 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, accordingly, allowed the transfer application therein. Relevant paragraphs No. 3 to 5 thereof are reproduced hereunder:- SONIKA 2026.07.16 18:09 I attest to the accuracy and authenticity of this document
TA-500-2026 (O&M) --3--
“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 two cases bearing MNT/125/59/2026, under Section 144 of BNSS for grant of maintenance and complaint bearing No.COMA/66/2026 under Section 12 of DV Act are pending adjudication at Jind, 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 under Section 13(1) (ia) of the 1955 Act i.e. bearing No.HMA/117/2026, titled “Harjeet vs. Swati”, filed by the respondent-husband, stands transferred from the Court of ld. Principal Judge, Family Court, Jhajjar to the Family Court, Jind. The requisite record of the aforesaid case be sent by the learned Court, Jhajjar to the Court concerned. 10. Pending miscellaneous application(s), if any, shall also stand
disposed off. 15.07.2026
(HARKESH MANUJA) sonika JUDGE (i) Whether speaking/reasoned: Yes/No (ii) Whether reportable: Yes/ No SONIKA 2026.07.16 18:09 I attest to the accuracy and authenticity of this document