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2026 DAILYLAW 33082 (PNJ)

RANI v. LALIT

TA/543/2026 · 2026-07-23

Harkesh Manuja

body2026

Judgment text

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TA No. TA No. TA No. TA No.543 543 543 543 of of of of 2026 2026 2026 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 205 RANI RANI RANI RANI Vs Vs Vs Vs LALIT AND LALIT AND LALIT AND LALIT AND ANR. ANR. ANR. ANR. CORAM: CORAM: CORAM: CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Sanjiv Gupta, Advocate for the applicant. Ms. Charu Sharma, Advocate for respondent No.1 HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) 1.1.1.1. The case bearing No. under Section petition petition petition petition’) at the Principal Judge, jurisdiction at District Hisar 2.2.2.2. Briefly stating, the marriage between the No.1 was solemnized on Sammar and Vihan parties, the above mentioned divorce petition came to be of respondent No.1 thereof came to be filed by the 3. Learned counsel for the applicant submit that with her minor children 2026 2026 2026 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: ANR. ANR. ANR. ANR. HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Sanjiv Gupta, Advocate for the applicant. Ms. Charu Sharma, Advocate for respondent No.1 **** HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) The applicant-wife, by way of present No.“HMA HMA HMA HMA////176 176 176 176/202 /202 /202 /2024444 dated 14.03.2024 under Section 13 of the Hindu Marriage Act, 1955 at the instance of respondent No.1-husband; from the Court of learned Principal Judge, Family Court, Fatehabad to the District Hisar. Briefly stating, the marriage between the was solemnized on 29.06.2012; out of their wedlock, Sammar and Vihan were born. On account of matrimonial discord parties, the above mentioned divorce petition came to be No.1-husband. Thereupon, the present came to be filed by the applicant-wife. Learned counsel for the applicant submit that children is residing at District Hisar 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.543 543 543 543 of of of of 202 202 202 2026666(O&M) (O&M) (O&M) (O&M) Date of Decision: Date of Decision: Date of Decision: Date of Decision: 23 23 23 23.07.2026 .07.2026 .07.2026 .07.2026 ...... ...... ...... ......Applicant Applicant Applicant Applicant …..Respondent(s) …..Respondent(s) …..Respondent(s) …..Respondent(s) HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA wife, by way of present application, seeks transfer of 14.03.2024 titled “Lalit vs. Rani Lalit vs. Rani Lalit vs. Rani Lalit vs. Rani””””, filed Marriage Act, 1955, (for short ‘the divorce divorce divorce divorce husband; from the Court of learned to the learned Court of competent Briefly stating, the marriage between the applicant and respondent ; out of their wedlock, two children namely n account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at the instance , the present application seeking transfer Learned counsel for the applicant submit that the applicant-wife along at District Hisar.... Accordingly, a prayer is made 1 transfer of , filed divorce divorce divorce divorce husband; from the Court of learned Court of competent respondent namely between the preferred at the instance ication seeking transfer along Accordingly, a prayer is made MOHMED ATIK 2026.07.24 15:35 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.543 543 543 543 of of of of 2026 2026 2026 2026 for transfer of the No.1-husband from the Court of learned Principal Judge, to the learned Court of competent jurisdiction at 4. Learned counsel for the respondent vehemently opposes made on behalf of the applicant. 5.... I have heard learned counsel for the paper-book. 6. In the present case, admittedly, the following cases: (i) (ii) (iii) 7. A perus wife along with her minor taking care of their children. pursuing the said case 8. Furthermore, the Hon’ble Supreme Court in its decision Manjula Singh Chouhan Manjula Singh Chouhan Manjula Singh Chouhan Manjula Singh Chouhan 2026 2026 2026 2026 transfer of the above mentioned petition filed at the instance of from the Court of learned Principal Judge, Court of competent jurisdiction at earned counsel for the respondent vehemently opposes made on behalf of the applicant. I have heard learned counsel for the In the present case, admittedly, the following cases:- Petition bearing No.GW/44/2024 GW/44/2024 GW/44/2024 GW/44/2024 Guardianship and Wards Act Principal Judge, Family Court, Complaint bearing No.DV Act/156/2022 DV Act/156/2022 DV Act/156/2022 DV Act/156/2022 under Section 12 of the Protection of Women from Violence Act, 2005, pending before the learned Magistrate Ist Class, Hisar; and (iii) Case arising out of FIR No. Sections 323, 406, 498A, 506 IPC registered at P.S. Hisar Sadar, pending before the learned Magistrate, Hisar. A perusal of the present transfer application shows that along with her minor children is residing at District Hisar taking care of their children. She is facing the said case at District Fatehabad. 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, above mentioned petition filed at the instance of respondent from the Court of learned Principal Judge, Family Court, Fatehabad Court of competent jurisdiction at Hisar. earned counsel for the respondent vehemently opposes the prayer I have heard learned counsel for the parties and gone through the In the present case, admittedly, the applicant-wife has filed GW/44/2024 GW/44/2024 GW/44/2024 GW/44/2024 under Section 25 of Guardianship and Wards Act, pending before the learned , Family Court, Hisar; DV Act/156/2022 DV Act/156/2022 DV Act/156/2022 DV Act/156/2022 dated 06.06.2022 Protection of Women from Domestic pending before the learned Judicial ; and arising out of FIR No.373 dated 28.03.2022 under 323, 406, 498A, 506 IPC registered at P.S. Hisar pending before the learned Addl. Chief Judicial al of the present transfer application shows that the applicant at District Hisar and single handedly great difficulty in travelling and 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) 2 respondent , Fatehabad the prayer and gone through the the the the learned dated 06.06.2022 Domestic Judicial under 323, 406, 498A, 506 IPC registered at P.S. Hisar Addl. Chief Judicial the applicant- and single handedly travelling and rendered in 2019 (13) 2019 (13) 2019 (13) 2019 (13) MOHMED ATIK 2026.07.24 15:35 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.543 543 543 543 of of of of 2026 2026 2026 2026 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 hereunder: “3. pend 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 fa 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 25 of the Guardianship and Wards Act Act/156/2022 dated 06.06.2022 from Domestic Violence Act, 2005 28.03.2022 under Sections are pending adjudication at parties that all their cases be heard together transfer application is Hindu Marriage Act i.e filed by respondent Principal Judge, 2026 2026 2026 2026 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 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 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 opinion of this Court, since three cases i.e. a petition under Section 25 of the Guardianship and Wards Act dated 06.06.2022 under Sections 12 from Domestic Violence Act, 2005 and a case 28.03.2022 under Sections 323, 406, 498A, 506 IPC registered at P.S. Hisar Sadar pending adjudication at Hisar, therefore, it would be in the interest of both the parties that all their cases be heard together at the same place transfer application is allowed allowed allowed allowed and the divorce Hindu Marriage Act i.e.“HMA/176/2024 HMA/176/2024 HMA/176/2024 HMA/176/2024 dated filed by respondent No.1-husband, stands transferred Principal Judge, Family Court, Fatehabad to the 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 however, submits that it will suit to the appellant only, therefore, transfer ct 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. herefore, 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 a petition bearing No.GW/44/2024 under Section 25 of the Guardianship and Wards Act; complaint bearing No.DV under Sections 12 of the Protection of Women case arising out of FIR No.373 dated 323, 406, 498A, 506 IPC registered at P.S. Hisar Sadar it would be in the interest of both the at the same place. Consequently the divorce petition under Section 13 of the dated 14.03.2024 titled “Lalit vs. Rani Lalit vs. Rani Lalit vs. Rani Lalit vs. Rani husband, stands transferred from the Court of learned to the learned Court of competent 3 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 however, submits that it will suit to the appellant only, therefore, transfer ct remains that the respondent has to travel to We are of the view that it will be in the interests of both the parties herefore, H.M.A. Case No.71/2016 is transferred from Family Considering the aforesaid facts and circumstances, in the humble No.GW/44/2024 DV of the Protection of Women FIR No.373 dated 323, 406, 498A, 506 IPC registered at P.S. Hisar Sadar, it would be in the interest of both the Consequently the of the Lalit vs. Rani Lalit vs. Rani Lalit vs. Rani Lalit vs. Rani””””, from the Court of learned Court of competent MOHMED ATIK 2026.07.24 15:35 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.543 543 543 543 of of of of 2026 2026 2026 2026 jurisdiction at District Hisar the learned Family Court, 10. Pending miscellaneous application(s), if any, shall also stand of. July July July July 22223333, , , , 20 20 20 2026 26 26 26 Atik Whether speaking/reasoned Whether reportable 2026 2026 2026 2026 District Hisar. The requisite record of the aforesaid case be sent by Family Court, Fatehabad to the Court concerned. Pending miscellaneous application(s), if any, shall also stand (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) Whether speaking/reasoned Yes/No Whether reportable Yes/No The requisite record of the aforesaid case be sent by 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 4 The requisite record of the aforesaid case be sent by disposed MOHMED ATIK 2026.07.24 15:35 I attest to the accuracy and authenticity of this order/judgment