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TA TA TA TA No. No. No. No.438 438 438 438 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 206
NANDNI NANDNI NANDNI NANDNI
Vs Vs Vs Vs SACHIN SACHIN SACHIN SACHIN KUMAR KUMAR KUMAR KUMAR
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.
for the applicant.
None for the respondent.
HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral)
1.1.1.1.
The case bearing No. Nandni Nandni Nandni Nandni””””, filed under Section divorce petition divorce petition divorce petition divorce petition’) Principal Judge, the learned Court of competent jurisdiction at Ratia, District Fatehabad.
2.2.2.2.
Briefly stating, the marriage between the was solemnized on was born on 19.06.2024. the above mentioned divorce petition came to be respondent-husband. came to be filed by the
3.
Learned counsel for the applicant-wife along with her minor son 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:
...... ...... ...... ...... KUMAR KUMAR KUMAR KUMAR
…..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 Mr. Karan Garg, Advocate for the applicant. None 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 No.“DMC/ DMC/ DMC/ DMC/152 152 152 152/202 /202 /202 /2026666 dated 01.07.2025 , filed under Section 13 of the Hindu Marriage Act, 1955 ’) at the instance of respondent-husband; from the Court of learned Principal Judge, Family Court (Family Taluka Court) Court of competent jurisdiction at Ratia, District Fatehabad. Briefly stating, the marriage between the was solemnized on 10.02.2023; out of their wedlock, a male child namely Nihan was born on 19.06.2024. On account of matrimonial discord the above mentioned divorce petition came to be husband. Thereupon, the present application seeking transfer came to be filed by the applicant-wife.
Learned counsel for the applicant along with her minor son is residing
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.438 438 438 438 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 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 01.07.2025 titled “Sachin Kumar vs. Sachin Kumar vs. Sachin Kumar vs. Sachin Kumar vs. Marriage Act, 1955, (for short ‘the husband; from the Court of learned (Family Taluka Court), Barwala, District Hisar Court of competent jurisdiction at Ratia, District Fatehabad. Briefly stating, the marriage between the applicant and respondent out of their wedlock, a male child namely Nihan n account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at the instance of application seeking transfer thereof applicant, inter alia, contends that the is residing in her parental home at Ratia, 1
transfer of Sachin Kumar vs. Sachin Kumar vs. Sachin Kumar vs. Sachin Kumar vs. (for short ‘the husband; from the Court of learned Barwala, District Hisar to respondent out of their wedlock, a male child namely Nihan between the parties, preferred at the instance of thereof , contends that the in her parental home at Ratia, MOHMED ATIK 2026.07.24 09:08 I attest to the accuracy and authenticity of this
order/judgment
TA TA TA TA No. No. No. No.438 438 438 438 of of of of 2026 2026 2026 2026
District Fatehabad mentioned petition filed at the instance of learned Principal Judge, Hisar to the learned
4. Despite service, no one has chosen to appear on behalf of the respondent. 5.... I have heard learned counsel for the paper-book. 6. In the present case, admittedly, the following cases:
(i)
(ii)
(iii)
7. As per the averments made in the present transfer application, the applicant-wife along with her minor son District Fatehabad facing great difficulty pursuing the said case parents. 2026 2026 2026 2026
District Fatehabad.... Accordingly, a prayer is made for mentioned petition filed at the instance of respondent learned Principal Judge, Family Court (Family Taluka Court) earned Court of competent jurisdiction at Ratia, District Fatehabad. Despite service, no one has chosen to appear on behalf of the I have heard learned counsel for the In the present case, admittedly, the following cases:-
Petition bearing No.MNT MNT MNT MNT 125 125 125 125 BNSS, 2023 for grant of maintenance the learned Principal Judge, Family Court,
Complaint bearing No.COMA COMA COMA COMA 19, 20 & 22 of the Protection of Women from Violence Act, 2005, is pending before the learned Judicial Magistrate, Taluka Court, Ratia, District Fatehabad. (iii) Case bearing No.CHI .CHI .CHI .CHI----159 of 159 of 159 of 159 of dated 28.05.2025 registered under Sections of BNS is also pending before the learned As per the averments made in the present transfer application, the along with her minor son is residing District Fatehabad and has no independent source of income. The applicant great difficulty in bearing the litigation charges and travelling expenses the said case and for the financials, she is totally dependent upon her
Accordingly, a prayer is made for transfer of the above respondent-husband from the Court of (Family Taluka Court), Barwala, District jurisdiction at Ratia, District Fatehabad.
Despite service, no one has chosen to appear on behalf of the I have heard learned counsel for the applicant and gone through the In the present case, admittedly, the applicant-wife has filed 125 125 125 125----80 of 2025 80 of 2025 80 of 2025 80 of 2025 under Section 144 maintenance which is pending before , Family Court, Ratia; COMA COMA COMA COMA----25/ 25/ 25/ 25/2025 2025 2025 2025 under Sections 12, 18, Protection of Women from Domestic is pending before the learned Chief Taluka Court, Ratia, District Fatehabad. 159 of 159 of 159 of 159 of 2025 2025 2025 2025 arising out of FIR No.185 registered under Sections 115, 316(2) and 85 pending before the learned Trial Court at Ratia. As per the averments made in the present transfer application, the is residing in her parental home at Ratia, and has no independent source of income. The applicant in bearing the litigation charges and travelling expenses for the financials, she is totally dependent upon her 2
transfer of the above from the Court of Barwala, District jurisdiction at Ratia, District Fatehabad. Despite service, no one has chosen to appear on behalf of the and gone through the the 144 of is pending before , 18,
185 316(2) and 85 Trial Court at Ratia. As per the averments made in the present transfer application, the at Ratia, and has no independent source of income. The applicant is in bearing the litigation charges and travelling expenses in for the financials, she is totally dependent upon her MOHMED ATIK 2026.07.24 09:08 I attest to the accuracy and authenticity of this
order/judgment
TA TA TA TA No. No. No. No.438 438 438 438 of of of of 2026 2026 2026 2026
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 interest of both 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, 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
4. that all their cases be heard togethe
5. Court, Indore to the Family Court, Bhopal. 9. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, under Section 144 No.COMA-25/202 Women from Domestic Violence Act, 2005 arising out of FIR No. and 85 of BNS, would be in the interest of both the parties that all their cases be heard together the same place. petition under Section
“Sachin Kumar vs. Nandni Sachin Kumar vs. Nandni Sachin Kumar vs. Nandni Sachin Kumar vs. Nandni 2026 2026 2026 2026
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, 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 ay 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 144 of BNSS, 2023 for grant of maintenance 2025 under Sections 12, 18, 19, 20 Women from Domestic Violence Act, 2005 and arising out of FIR No.185 dated 28.05.2025 registered , are pending adjudication at Ratia, District Fatehabad would be in the interest of both the parties that all their cases be heard together . Consequently the transfer application is petition under Section 13 of the Hindu Marriage Act i.e. Sachin Kumar vs. Nandni Sachin Kumar vs. Nandni Sachin Kumar vs. Nandni Sachin Kumar vs. Nandni””””, filed by the respondent
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) 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 ay 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 r 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 petition bearing MNT 125-80 of 2025 for grant of maintenance; complaint bearing under Sections 12, 18, 19, 20 & 22 of the Protection of and a case bearing CHI-159 of 25 registered under Sections 115, 316(2) Ratia, District Fatehabad, therefore would be in the interest of both the parties that all their cases be heard together Consequently the transfer application is allowed allowed allowed allowed and the divorce of the Hindu Marriage Act i.e. “DMC/152/2026 DMC/152/2026 DMC/152/2026 DMC/152/2026”””” titled filed by the respondent-husband, stands transferred 3
rendered in 2019 (13) 2019 (13) 2019 (13) 2019 (13) all connected matrimonial same Court and, accordingly, Relevant paragraph nos.3 to 5 are 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 ay 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 80 of 2025 complaint bearing of the Protection of 159 of 25 316(2), therefore, it would be in the interest of both the parties that all their cases be heard together at divorce titled husband, stands transferred MOHMED ATIK 2026.07.24 09:08 I attest to the accuracy and authenticity of this
order/judgment
TA TA TA TA No. No. No. No.438 438 438 438 of of of of 2026 2026 2026 2026
from the Court Barwala, District Hisar District Fatehabad Family Court, Barwala
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
from the Court of learned Principal Judge, Family Court Barwala, District Hisar to the learned Court of competent jurisdiction at Ratia, District Fatehabad. The requisite record of the aforesaid case be sent by the Barwala 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
Family Court (Family Taluka Court) Court of competent jurisdiction at Ratia, The requisite record of the aforesaid case be sent by the learned
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
a Court), Court of competent jurisdiction at Ratia, learned 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