TA No. TA No. TA No. TA No.402 402 402 402 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 215 SUMAN DEVI SUMAN DEVI SUMAN DEVI SUMAN DEVI Vs Vs Vs Vs NATHU RAM NATHU RAM NATHU RAM NATHU RAM 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: Mr. Deshpreet Singh, Advocate for the applicant. Mr. J.S. Dadwal, Advocate for the respondent. HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) 1. The case bearing DMC/ DMC/ DMC/ DMC/ 13 of the Hindu petition” petition” petition” petition”) at the Principal Judge, jurisdiction at Fazilka. 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 states that residing in her parental home at 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: HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH Mr. Deshpreet Singh, Advocate for the applicant. Mr. J.S. Dadwal, 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 DMC/ DMC/ DMC/ DMC/612 612 612 612/2025 /2025 /2025 /2025, titled “Nathu Ram Vs. Suman Nathu Ram Vs. Suman Nathu Ram Vs. Suman Nathu Ram Vs. Suman 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce ) at the instance of respondent-husband; from the Court of learned Principal Judge, Family Court, Phillaur to the Fazilka. Briefly stating, the marriage between the was solemnized on 25.11.2020 according to Hindu rites and ceremonies account of matrimonial discord between the parties, the above petition came to be preferred at the instance of respondent application seeking transfer thereof Learned counsel for the applicant states that her parental home at Fazilka.... Accordingly, a prayer is made for 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.402 402 402 402 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 HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH MANUJA MANUJA MANUJA MANUJA Mr. Deshpreet Singh, Advocate for the applicant. Mr. J.S. Dadwal, Advocate for the respondent. wife, by way of present application, seeks transfer of Nathu Ram Vs. Suman Nathu Ram Vs. Suman Nathu Ram Vs. Suman Nathu Ram Vs. Suman””””, filed under Section hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce husband; from the Court of learned Addl. to the learned Court of competent Briefly stating, the marriage between the applicant and respondent 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 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-husband 1 transfer of , filed under Section hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce Addl. arned Court of competent respondent On mentioned divorce Thereupon, applicant- wife is transfer husband 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.402 402 402 402 of 2026 of 2026 of 2026 of 2026 from the Court of learned learned Court of competent jurisdiction at Fazilka. 4. On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the 5. I have heard learned counsel for the parties and gone through the paper-book. 6. In the present case, admittedly, the following cases Fazilka:- (1) grant of m (2) Protection of Women from Domestic Violence Act, 2005. (3) 406/498 7. As per the averments made in the applicant-wife is residing with her parents and has no independent source of income. The applicant travelling expenses 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 proceedings should ordinarily be heard by the allowed the transfer application therein. extracted hereunder: of 2026 of 2026 of 2026 of 2026 (O&M) (O&M) (O&M) (O&M) from the Court of learned Addl. Principal Judge, learned Court of competent jurisdiction at Fazilka. 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 (1) Application under Section 144 BNSS, 2023 (MNT/19/2026) for grant of maintenance allowance. ) Application (COMA/49/2026) Protection of Women from Domestic Violence Act, 2005. Complaint bearing No.COMI 406/498-A IPC (316(2), 85 of BNSS 2023) As per the averments made in 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 and for the 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 proceedings should ordinarily be heard by the allowed the transfer application therein. Relevant paragraph nos.3 to 5 are extracted hereunder:- Principal Judge, Family Court, Phillaur to the learned Court of competent jurisdiction at Fazilka. 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 learned Court at under Section 144 BNSS, 2023 (MNT/19/2026) for (COMA/49/2026) under Section 12 of the Protection of Women from Domestic Violence Act, 2005. Complaint bearing No.COMI/41/2026) under Section A IPC (316(2), 85 of BNSS 2023). 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 and for the financials, she is totally 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 2 to the 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 Court at under Section 144 BNSS, 2023 (MNT/19/2026) for under Section 12 of the under Sections present transfer application, the wife is residing with her parents and has no independent source of in bearing the litigation charges and financials, she is totally 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 2026.07.16 09:50 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.402 402 402 402 of 2026 of 2026 of 2026 of 2026 “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 appellant only, therefore, transfer may n Bhopal for conduct of other cases pending in Family 4. that all their cases be heard together by 5. Court, Indore to the Family Court, Bhopal. 9. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, 2023 for grant of Act and complaint under Sections pending adjudication at parties that all their cases be heard together transfer application is Hindu Marriage Act i.e. the respondent- Principal Judge, jurisdiction at Fazilka. learned Family Court, 10. 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) 3. As per the submission of the appellant, two 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 We are of the view that it will be in the interests of both the parties that all their cases be heard together by 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 three cases i.e. application under Section grant of interim maintenance, application under Section 12 of the D.V. complaint under Sections 406/498-A IPC (316(2), 85 of BNSS 2023) pending adjudication at Fazilka, therefore, it would be in the parties that all their cases be heard together at the same place transfer application is allowed allowed allowed allowed and the divorce petition under Section 13 of the Hindu Marriage Act i.e. DMC/612/2025 DMC/612/2025 DMC/612/2025 DMC/612/2025, titled -husband, stands transferred from the Court of learned Principal Judge, Family Court, Phillaur to the jurisdiction at Fazilka. The requisite record of the aforesaid case be sent by the Court, Phillaur 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 As 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 ot 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 pplication under Section 144 BNSS, interim maintenance, application under Section 12 of the D.V. A IPC (316(2), 85 of BNSS 2023) , are it would be in the interest of both the at the same place. Consequently the and the divorce petition under Section 13 of the “Nathu Ram Vs. Suman Nathu Ram Vs. Suman Nathu Ram Vs. Suman Nathu Ram Vs. Suman””””, filed by from the Court of learned Addl. to the learned Court of competent The requisite record of the aforesaid case be sent by the 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 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 ot be permitted. The fact remains that the respondent has to travel to 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 BNSS, interim maintenance, application under Section 12 of the D.V. , are interest of both the Consequently the and the divorce petition under Section 13 of the filed by Addl. learned Court of competent The requisite record of the aforesaid case be sent by the 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