TA No. TA No. TA No. TA No.528 528 528 528 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 207 BABITA BABITA BABITA BABITA Vs Vs Vs Vs NITISH PAUL SINGH NITISH PAUL SINGH NITISH PAUL SINGH NITISH PAUL SINGH 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. Mr. Karan Diwan, Advocate for the applicant. Mr. Dinesh Nagar, Advocate for the respondent. HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) 1. The petition bearing No.“ under Section 9 husband; from the Court of learned Principal Judge, the learned Court of competent jurisdiction at Patiala. 2. Briefly stating, the marriage between the No.1 was solemnized on account of matrimonial discord came to be preferred at the instance of present application seeking transfer 3. Learned counsel for the applicant-wife is residing prayer is made for 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: NITISH PAUL SINGH NITISH PAUL SINGH NITISH PAUL SINGH NITISH PAUL SINGH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH Mr. Mohit Shukla, Advocate (through V.C.) and Mr. Karan Diwan, Advocate for the applicant. Mr. Dinesh Nagar, Advocate 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 bearing No.“HMA/33 HMA/33 HMA/33 HMA/33----2026 2026 2026 2026”””” titled ““““Nitish Paul Singh vs. Babita Nitish Paul Singh vs. Babita Nitish Paul Singh vs. Babita Nitish Paul Singh vs. Babita 9 of the Hindu Marriage Act, 1955 husband; from the Court of learned Principal Judge, Court of competent jurisdiction at Patiala. Briefly stating, the marriage between the was solemnized on 30.11.2025 according to Sikh rites and ceremonies. account of matrimonial discord between the parties, the above mentioned preferred at the instance of the respondent application seeking transfer thereof came to be filed by the Learned counsel for the applicant wife is residing in her parental home at District Patiala prayer is made for transfer of the above mentioned divorce petition filed at the 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.528 528 528 528 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: 21 21 21 21.07.2026 .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 (through V.C.) and wife, by way of present application, seeks transfer of Nitish Paul Singh vs. Babita Nitish Paul Singh vs. Babita Nitish Paul Singh vs. Babita Nitish Paul Singh vs. Babita”””” filed Marriage Act, 1955, at the instance of respondent husband; from the Court of learned Principal Judge, Family Court, Panchkula Court of competent jurisdiction at Patiala. Briefly stating, the marriage between the applicant and respondent according to Sikh rites and ceremonies. between the parties, the above mentioned petition respondent-husband. Thereupon, the came to be filed by the applicant-wife. applicant, inter alia, contends that the home at District Patiala.... Accordingly, a transfer of the above mentioned divorce petition filed at the 1 transfer of filed instance of respondent- Panchkula to respondent On petition , the wife. , contends that the Accordingly, a transfer of the above mentioned divorce petition filed at the MOHMED ATIK 2026.07.24 09:08 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.528 528 528 528 of of of of 2026 2026 2026 2026 instance of respondent Court, Panchkula 4. On the other hand, learned counsel for the respondent opposes the prayer made on behalf of the applicant. 5.... I have heard learned counsel for the paper-book. 6. In the present case, admittedly, the complaint case bearing No.COMA/713/2026 under Sections 12(1), 18, 19 and 12 of the Protection of Women from Domestic Violence Act, 2005 before the learned complaint has als Police, Paitala against the respondent and his family 7. As per the averments made in the present transfer application, the applicant-wife is residing in 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 SCC 660 SCC 660 SCC 660 SCC 660”””” held that, in the proceedings should ordinarily be heard by the allowed the transfer application therein. extracted hereunder: “3. pending in Family parties to try all their cases in Bhopal. Learned counsel for the respondent however, submits that it will suit to the appellant only, ther 2026 2026 2026 2026 respondent-husband from the Court of learned Prin Panchkula to the learned Court of competent jurisdiction at Patiala On the other hand, learned counsel for the respondent opposes the prayer made on behalf of the applicant. I have heard learned counsel for the In the present case, admittedly, the complaint case bearing No.COMA/713/2026 under Sections 12(1), 18, 19 and 12 of the Protection of Women from Domestic Violence Act, 2005 before the learned Additional Chief Judicial Magistrate, Patiala. Besides it, one complaint has also been moved by the applicant Police, Paitala against the respondent and his family As per the averments made in the present transfer application, the is residing at her parental house at Patiala the said case at Panchkula. 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 however, submits that it will suit to the appellant only, ther from the Court of learned Principal Judge, Family Court of competent jurisdiction at Patiala. On the other hand, learned counsel for the respondents vehemently opposes the prayer made on behalf of the applicant. I have heard learned counsel for the parties and gone through the In the present case, admittedly, the applicant-wife has filed complaint case bearing No.COMA/713/2026 under Sections 12(1), 18, 19 and 12 of the Protection of Women from Domestic Violence Act, 2005 which is pending Additional Chief Judicial Magistrate, Patiala. Besides it, one o been moved by the applicant-wife to the Sr. Superintendent of Police, Paitala against the respondent and his family on 19.01.2026. As per the averments made in the present transfer application, the at Patiala and facing great difficulty 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) 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 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 2 Family vehemently and gone through the wife has filed a complaint case bearing No.COMA/713/2026 under Sections 12(1), 18, 19 and 12 is pending Additional Chief Judicial Magistrate, Patiala. Besides it, one wife to the Sr. Superintendent of As per the averments made in the present transfer application, the great difficulty rendered in 2019 (13) 2019 (13) 2019 (13) 2019 (13) all connected matrimonial same Court and, accordingly, Relevant paragraph nos.3 to 5 are 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 efore, transfer MOHMED ATIK 2026.07.24 09:08 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.528 528 528 528 of of of of 2026 2026 2026 2026 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 5. Court, Indore to the Family Court, Bhopal. 9. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, Sections 12(1), 18, 19 and 12 of the Protection of Women from Domestic Violence Act, 2005 and another complaint dated 19.01.2026 moved by the applicant the Sr. Superintendent of Police, Paitala against pending adjudication at parties that all their cases be heard together transfer application is ““““Nitish Paul Singh vs. Babita Nitish Paul Singh vs. Babita Nitish Paul Singh vs. Babita Nitish Paul Singh vs. Babita by the respondent Judge, Family Court, Patiala. The requisite record of the aforesaid case be sent by the Court, Panchkula 10. Pending miscellaneous application(s), if any, shall also stand disposed of. July July July July 21 21 21 21, , , , 20 20 20 2026 26 26 26 Atik Whether speaking/reasoned Whether reportable 2026 2026 2026 2026 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 a complaint case bearing No.COMA/713/2026 under Sections 12(1), 18, 19 and 12 of the Protection of Women from Domestic Violence Act, 2005 and another complaint dated 19.01.2026 moved by the applicant the Sr. Superintendent of Police, Paitala against pending adjudication at Patiala, 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 petition Nitish Paul Singh vs. Babita Nitish Paul Singh vs. Babita Nitish Paul Singh vs. Babita Nitish Paul Singh vs. Babita under Section 9 of the Hindu Marriage Act i.e. filed respondent-husband, stands transferred from the Court of learned Principal Family Court, Panchkula to the learned The requisite record of the aforesaid case be sent by the Panchkula to the Court concerned. 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 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 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 complaint case bearing No.COMA/713/2026 under Sections 12(1), 18, 19 and 12 of the Protection of Women from Domestic Violence Act, 2005 and another complaint dated 19.01.2026 moved by the applicant-wife to the Sr. Superintendent of Police, Paitala against the respondent and his family, are it would be in the interest of both the at the same place. Consequently the petition bearing No.“HMA/33 HMA/33 HMA/33 HMA/33----2026 2026 2026 2026”””” titled of the Hindu Marriage Act i.e. filed from the Court of learned Principal earned Court of competent jurisdiction at The requisite record of the aforesaid case be sent by the learned Family 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 3 may not be permitted. The fact remains that the respondent has to travel to We are of the view that it will be in the interests of both the parties Therefore, H.M.A. Case No.71/2016 is transferred from Family Considering the aforesaid facts and circumstances, in the humble complaint case bearing No.COMA/713/2026 under Sections 12(1), 18, 19 and 12 of the Protection of Women from Domestic Violence wife to the respondent and his family, are it would be in the interest of both the Consequently the titled of the Hindu Marriage Act i.e. filed from the Court of learned Principal competent jurisdiction at Family Pending miscellaneous application(s), if any, shall also stand disposed MOHMED ATIK 2026.07.24 09:08 I attest to the accuracy and authenticity of this order/judgment