Research › Search › Judgment

High Court of Punjab and Haryana · body

2026 DAILYLAW 29844 (PNJ)

MONIKA v. SANDEEP

TA/441/2026 · 2026-07-08

Harkesh Manuja

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

TA-441-2026 (O&M) --1-- 217 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-441-2026 (O&M) Decided on:-08.07.2026 Monika ….Applicant. vs. Sandeep ….Respondent. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Hritik Gupta, Advocate, for the applicant. Mr.Shokeen Singh Verma, Advocate, for the respondent. ***** HARKESH MANUJA J. (Oral) 1. The applicant-wife, by way of present application, seeks transfer of petition bearing HMA/201/2025 (Annexure P-1), titled “Sandeep s/o Ramesh Kumar vs. Monika”, filed under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 (hereinafter to be referred as “1955 Act”) at the instance of respondent-husband; from the Court of learned Principal Judge, Family Court, Jhajjar to the competent Court of jurisdiction at Bhiwani. 2. Briefly stating, the marriage between the applicant and respondent was solemnized on 22.12.2019; out of their wedlock, a boy child namely, Ekansh was born on 08.06.2021; on account of matrimonial discord between the parties, the above mentioned petition under Section 13(1)(ia)(ib) of 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. SONIKA 2026.07.14 14:03 I attest to the accuracy and authenticity of this document TA-441-2026 (O&M) --2-- 3. Learned counsel for the applicant, inter alia, contends that the applicant-wife has also filed the following three cases, which are pending before the ld. Family Court, Bhiwani:- (i) petition bearing MNT/125/2024, under Section 125 Cr.P.C. for grant of maintenance; (ii) complaint bearingNo.COMA/59/2024 dated 25.04.2024, under Section 12 of Protection of Women from Domestic Violence Act, 2005; (iii) FIR No.495/2025, under Sections 323, 406, 498-A IPC, registered at Women Police Station, Bhiwani and the case is under trial. It is submitted that the applicant is posted as Assistant Professor at Rajiv Gandhi, Govt. College, for Women, Bhiwani and is residing alongwith her son at her parental home at Bhiwani. Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent-husband from Family Court, Jhajjar to Family Court, Bhiwani. 4. On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant. 5. I have heard learned counsel for the parties and gone through the paper-book. 6. In the present case, admittedly, the applicant-wife has filed the aforementioned three cases, which are pending adjudication before the learned Principal Judge, Family Court, Jhajjar. 7. As per the averments made in the present transfer application, the applicant-wife is posted as Assistant Professor and is residing alongwith her son at her parental home at Bhiwani. Besides it, the applicant is also taking care of her minor son, namely, Ekansh while staying at Bhiwani. 8. Furthermore, the Hon’ble Supreme Court in its decision rendered in “Manjula Singh Chouhan Versus Vishal Singh Chouhan”, reported as SONIKA 2026.07.14 14:03 I attest to the accuracy and authenticity of this document TA-441-2026 (O&M) --3-- 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:- “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 three cases i.e. a petition under Section 125 Cr.P.C. for grant of maintenance, complaint under Section 12 of DV Act and a complaint arising out of FIR No.495/2025 are pending adjudication at Bhiwani, 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)(ib) of the 1955 Act i.e. HMA/201/2025, titled “Sandeep s/o Ramesh Kumar vs. Monika”, filed by the respondent-husband, stands transferred from the Family Court, Jhajjar, to the Family Court of competent jurisdiction at Bhiwani. The requisite record of the aforesaid case be sent by the Family Court, Jhajjar to the Court concerned. 10. Pending miscellaneous application(s), if any, shall also stand disposed off. 08.07.2026 (HARKESH MANUJA) sonika JUDGE (i) Whether speaking/reasoned: Yes/No (ii) Whether reportable: Yes/ No SONIKA 2026.07.14 14:03 I attest to the accuracy and authenticity of this document