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2026 DAILYLAW 30608 (PNJ)

RITU v. SURAJ

TA/542/2026 · 2026-07-08

Harkesh Manuja

body2026

Judgment text

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TA-542-2026 (O&M) --1-- 220 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-542-2026 (O&M) Decided on:-08.07.2026 Ritu ….Applicant. vs. Suraj ….Respondent. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Sankalp Sagar, Advocate for the applicant. Mr. B.S. Chahal, Advocate, for the respondent. ***** HARKESH MANUJA J. (Oral) 1. The applicant-wife, by way of present application, seeks transfer of petition bearing HMA/268/2025 dated 11.03.2025, (Annexure P-1), titled “Suraj vs. Ritu”, filed under Section 13 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 District & Sessions Judge, Principal Judge, Family Court, Ambala to the competent Court of jurisdiction at Patiala, District Patiala. 2. Briefly stating, the marriage between the applicant and respondent was solemnized on 12.12.2017; on account of matrimonial discord between the parties, the above mentioned petition under Section 13 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 2026.07.17 10:10 I attest to the accuracy and authenticity of this document TA-542-2026 (O&M) --2-- 3. Learned counsel for the applicant, inter alia, contends that the applicant-wife has also filed the following two cases, which are pending before the ld. Family Court, Patiala:- (i) petition bearing No.DMC/22/2026, under Section 9 of the 1955 Act for restitution of conjugal rights; (ii) petition bearing No.MNT/125/33/2026 under Section 144 of BNSS for grant of maintenance. In view thereof, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent-husband from Family Court, Ambala to Family Court, Patiala. 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 two cases, which are pending adjudication before the learned Principal Judge, Family Court, Ambala. 7. As per the averments made in the present transfer application, the applicant-wife has 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 SONIKA 2026.07.17 10:10 I attest to the accuracy and authenticity of this document TA-542-2026 (O&M) --3-- 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, it would be in the interest of both the parties that all their cases be heard together by the same Court. Consequently the transfer application is allowed and the petition under Section 13 of the 1955 Act i.e. HMA/268/2025 dated 11.03.2025, titled “Suraj vs. Ritu”, filed by the respondent-husband, stands transferred from the Family Court, Ambala, to the Family Court of competent jurisdiction at Patiala. The requisite record of the aforesaid case be sent by the Family Court, Ambala 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 2026.07.17 10:10 I attest to the accuracy and authenticity of this document