TA No. TA No. TA No. TA No.575 of 2026 575 of 2026 575 of 2026 575 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 220 KUSUM DEVI KUSUM DEVI KUSUM DEVI KUSUM DEVI Vs Vs Vs Vs SANDEEP SANDEEP SANDEEP SANDEEP 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. for the applicant. None for the respondent. HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) 1.1.1.1. The case bearing HMA/853/2024 HMA/853/2024 HMA/853/2024 HMA/853/2024 Section 13 of the Hindu petition” petition” petition” petition”) at the Principal Judge, competent jurisdiction at Assandh, District Karnal. 2.2.2.2. Briefly stating, the marriage between the was solemnized on of matrimonial discord came to be preferred at the instance of respondent application seeking transfer 3. Learned counsel for the applicant-wife is residing 575 of 2026 575 of 2026 575 of 2026 575 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: ...... ...... ...... ...... …..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 Mr. Narinder Singh Sindher, 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/853/2024 HMA/853/2024 HMA/853/2024 HMA/853/2024, titled “Sandeep Sandeep Sandeep Sandeep Section 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, Chandigarh to the Court of learned competent jurisdiction at Assandh, District Karnal. Briefly stating, the marriage between the was solemnized on 17.02.2026 according to Hindu rites and traditions. of matrimonial discord between the parties, the above mentioned divorce petition preferred at the instance of respondent application seeking transfer thereof came to be filed by the Learned counsel for the applicant wife is residing in her parental house.... 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.575 of 2026 575 of 2026 575 of 2026 575 of 2026 (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 , Advocate wife, by way of present application, seeks transfer of Sandeep Sandeep Sandeep Sandeep Vs. Kusum Devi Vs. Kusum Devi Vs. Kusum Devi Vs. Kusum Devi””””, filed under 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 to the Court of learned Court of competent jurisdiction at Assandh, District Karnal. Briefly stating, the marriage between the applicant and respondent 17.02.2026 according to Hindu rites and traditions. On account parties, the above mentioned divorce petition preferred at the instance of respondent-husband. Thereupon, the present came to be filed by the applicant-wife. applicant, inter alia, contends that the .... Accordingly, a prayer is made for 1 transfer of , filed under 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 Court of respondent n account parties, the above mentioned divorce petition , the present , contends that the Accordingly, a prayer is made for 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.575 of 2026 575 of 2026 575 of 2026 575 of 2026 transfer of the above mentioned divorce petition filed at the instance of husband from the Court of learned Principal Judge, the Court of learned 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 under Section 125 Cr.P.C. for maintenance which stands allowed and now execution bearing No. CRM/585/2025 is pending before the learned Addl. Principal Judge 7. 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 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 hereun “3. pending in Family parties to try all their cases in Bhopal. Learned counsel for the respondent 575 of 2026 575 of 2026 575 of 2026 575 of 2026 transfer of the above mentioned divorce petition filed at the instance of from the Court of learned Principal Judge, the Court of learned Court of competent jurisdiction at Assandh, District Karnal. 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 under Section 125 Cr.P.C. for maintenance which stands allowed and now execution bearing No. CRM/585/2025 is pending before the learned Addl. (Family Court) Camp Court, Assandh. 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 and for the 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 transfer of the above mentioned divorce petition filed at the instance of respondent from the Court of learned Principal Judge, Family Court, Chandigarh Court of competent jurisdiction at Assandh, District Karnal. 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 a petition under Section 125 Cr.P.C. for maintenance which stands allowed and now execution bearing No. CRM/585/2025 is pending before the learned Addl. Camp Court, Assandh. 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 2019 2019 2019 (13) (13) (13) (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 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 2 respondent- Chandigarh to Court of competent jurisdiction at Assandh, District Karnal. Despite service, no one has chosen to appear on behalf of the and gone through the a petition under Section 125 Cr.P.C. for maintenance which stands allowed and now execution bearing No. CRM/585/2025 is pending before the learned Addl. 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 rendered in (13) (13) (13) (13) all connected matrimonial same Court and, accordingly, Relevant paragraph nos.3 to 5 are 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 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.575 of 2026 575 of 2026 575 of 2026 575 of 2026 however, submits that it will may not be permitted. The fact remains that the respondent has to travel to Bhopal for conduct of other cases pending in Family 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 Court, under Section 125 Cr.P.C. for at Assandh, therefore cases be heard together allowed allowed allowed allowed and the divorce petition under Section 13 of the Hindu Marriage Act i.e. HMA/853/2024 HMA/853/2024 HMA/853/2024 HMA/853/2024 husband, stands transferred from the Chandigarh to the Court of Court, Assandh. Family Court, Chandigarh 10. 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. 11. Pending of. July July July July 13 13 13 13, , , , 20 20 20 2026 26 26 26 Atik Whether speaking/reasoned Whether reportable 575 of 2026 575 of 2026 575 of 2026 575 of 2026 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 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 on of this Court, since an execution bearing No.CRM/585/2025 under Section 125 Cr.P.C. for grant of interim maintenance 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 and the divorce petition under Section 13 of the Hindu Marriage Act i.e. HMA/853/2024 HMA/853/2024 HMA/853/2024 HMA/853/2024, titled ““““Sandeep vs. Kusum Devi Sandeep vs. Kusum Devi Sandeep vs. Kusum Devi Sandeep vs. Kusum Devi husband, stands transferred from the learned Principal Judge, to the Court of learned Addl. Principal Judge Court, Assandh. The requisite record of the aforesaid Chandigarh to the Court concerned. 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 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 an execution bearing No.CRM/585/2025 of application interim maintenance is pending adjudication it would be in the interest of both the parties that all their Consequently the transfer application is and the divorce petition under Section 13 of the Hindu Marriage Act i.e. Sandeep vs. Kusum Devi Sandeep vs. Kusum Devi Sandeep vs. Kusum Devi Sandeep vs. Kusum Devi””””, filed by the respondent learned Principal Judge, Family Court, learned Addl. Principal Judge (Family Court), Camp The requisite record of the aforesaid case be sent by the learned to the Court concerned. 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. 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 suit to the appellant only, therefore, transfer may not be permitted. The fact remains that the respondent has to travel to the parties Therefore, H.M.A. Case No.71/2016 is transferred from Family Considering the aforesaid facts and circumstances, in the humble pplication pending adjudication it would be in the interest of both the parties that all their Consequently the transfer application is and the divorce petition under Section 13 of the Hindu Marriage Act i.e. , filed by the respondent- Family Court, , Camp learned Respondent shall be at liberty to file an appropriate application within 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