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2026 DAILYLAW 30524 (PNJ)

SUGANDHA ALIAS SUGANDA RANI v. RAMAN KUMAR AND ANOTHER

TA/486/2026 · 2026-07-16

Harkesh Manuja

body2026

Judgment text

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TA-486-2026 (O&M) --1-- 108 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-486-2026 (O&M) Decided on:-16.07.2026 Sugandha @ Suganda Rani ….Applicant. vs. Raman Kumar and another ….Respondents. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Mohit, Advocate for the applicant. Mr. Sunil Goswami, Advocate for respondent No.1. ***** HARKESH MANUJA J. (Oral) 1. The applicant-wife, by way of present application, seeks transfer of petition bearing HMA-188-2026, titled as “Raman Kumar vs. Sugandha and another” filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as “1955 Act”) at the instance of respondent No.1-husband; from the Court of learned Principal Judge, Family Court, Ludhiana to the competent Court of jurisdiction at Jind. 2. Briefly stating, the marriage between the applicant and respondent was solemnized on 15.02.2009 and out of the wedlock, two male children were born; on account of matrimonial discord between the parties, the above mentioned petition under Section 13 of the 1955 Act, came to be preferred at the instance of respondent No.1-husband. Thereupon, the present application seeking transfer thereof came to be filed by the applicant-wife. 3. Learned counsel for the applicant submits that the applicant-wife SONIKA 2026.07.17 17:31 I attest to the accuracy and authenticity of this document TA-486-2026 (O&M) --2-- and her children are residing at her parental village Safidon, District Jind. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of respondent-husband from Family Court, Ludhiana to Family Court, Jind. 4. On the other hand, learned counsel for the respondent vehemently opposes the prayer made in the present application. 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 petition bearing MNT125/210/2025 dated 07.08.2025 for grant of maintenance before the competent Court of jurisdiction at Jind and FIR No.0021 dated 06.03.2026, under Sections 85 BNS (498-A IPC), 351(3) BNS (506 IPC), 316(2) BNS (406 IPC) and 115 BNS (321 IPC), registered at Police Station Women Police Station, Jind. 7. As per the averments made in the present transfer application, the applicant and her two children are currently residing in a rented accommodation at her parental village Safidon, District Jind and the rent of the same is paid by applicant’s brother as she has no independent source of income. The distance between Jind and Ludhiana is approximately 200 kms. 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:- “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 SONIKA 2026.07.17 17:31 I attest to the accuracy and authenticity of this document TA-486-2026 (O&M) --3-- 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 a petition bearing MNT125/210/2025 dated 07.08.2025 is pending before the ld. Family Court, 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 of the 1955 Act, titled “Raman Kumar vs. Sugandha and another”, filed by the respondent-husband, stands transferred from the Family Court, Ludhiana, to the Family Court of competent jurisdiction at Jind. The requisite record of the aforesaid case be sent by the Family Court, Ludhiana to the Court concerned. 10. Pending miscellaneous application(s), if any, shall also stand disposed off. 16.07.2026 (HARKESH MANUJA) sonika JUDGE (i) Whether speaking/reasoned: Yes/No (ii) Whether reportable: Yes/ No SONIKA 2026.07.17 17:31 I attest to the accuracy and authenticity of this document