TA No.499 of 2026 202 IN THE HIGH COURT OF PUNJAB AND HARYANA Kavita Kumar Vs Rakesh Kumar CORAM: HON'BLE MR. JUSTICE Present: Mr. for the applicant/ petitioner. Mr. Vijay Saroha, Advocate for the respondent. HARKESH MANUJA, J. (Oral) The applicant petition bearing Kavita Kumari (hereinafter to be referred as “ respondent-husband; from the Court of learned Principal Judge, Family Court, Rohtak [2] Briefly stating, the marriage between the petitioner and respondent was solemnized on child, namely, Karitika and Shivya 30.10.2017; on account of matrimonial discord between the parties, the above mentioned respondent-husband thereof came to be filed by the applicant 2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. Date of Decision: 22 Kavita Kumari Vs Rakesh Kumar HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Mohit Garg, Advocate for the applicant/ petitioner. Mr. Vijay Saroha, Advocate for the respondent. **** HARKESH MANUJA, J. (Oral) The applicant-wife, by way of present case, seeks transfer of petition bearing No. HMA/333/2023, titled Kavita Kumari”, filed under Section 13 of the Hindu Marriage Act, 1955 hereinafter to be referred as “divorce husband; from the Court of learned Principal Judge, Family to the Court of competent jurisdiction at Briefly stating, the marriage between the petitioner and respondent was solemnized on 15.12.201 child, namely, Karitika and Shivya were bo on account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at the instance of husband. Thereupon, the present application seeking transfer thereof came to be filed by the applicant-wife. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 499 of 2026 (O&M) 22.07.2026 ......Petitioner …..Respondent HARKESH MANUJA wife, by way of present case, seeks transfer of , titled “Rakesh Kumar Vs. Smt. of the Hindu Marriage Act, 1955 divorce petition”) at the instance of husband; from the Court of learned Principal Judge, Family competent jurisdiction at Rewari. Briefly stating, the marriage between the petitioner and .2011; out of the wedlock two girl were born on 08.10.2012 and on account of matrimonial discord between the parties, the petition came to be preferred at the instance of . Thereupon, the present application seeking transfer wife. 1 wife, by way of present case, seeks transfer of Rakesh Kumar Vs. Smt. of the Hindu Marriage Act, 1955 ) at the instance of husband; from the Court of learned Principal Judge, Family Briefly stating, the marriage between the petitioner and out of the wedlock two girl n on 08.10.2012 and on account of matrimonial discord between the parties, the petition came to be preferred at the instance of . Thereupon, the present application seeking transfer SANJAY GUPTA 2026.07.24 13:29 I attest to the accuracy and integrity of this document TA No.499 of 2026 [3] Learned counsel for the applicant, applicant-wife prayer is made for transfer of the above mentioned the instance of respondent of competent jurisdiction at [4] Learned prayer made on behalf of the applicant. [5] I have heard learned counsel for the the paper-book. [6] In the present case, admittedly, the applicant following cases competent jurisdiction at (1) (2) (3) (4) 2026 Learned counsel for the applicant, is residing at her parental home at prayer is made for transfer of the above mentioned the instance of respondent-husband from Family Court, of competent jurisdiction at Rewari. earned counsel for the respondent vehemently prayer made on behalf of the applicant. I have heard learned counsel for the book. In the present case, admittedly, the applicant cases which are pending adjudication before the Court of competent jurisdiction at Rewari:- (1) Application under Section 12 of Protection of Women from Domestic Violence Act, 2005 bearing Act/76/2021 titled as “Kavita Kumari Vs. Rakesh Kumar and ors.”; (2) Application for recovery of arrears of maintenance bearing EXE/122/2024 titled as “ Rakesh Kumar.”; Case registered under Sections 406, 498A, 506 IPC bearing No. CHI/1212/2023, titled as “ Vs. Rakesh”; and Application for maintenance under Section 125 Cr.P.C. bearing MNT/125/176/2021, titled as Rakesh Kumar and ors.” Learned counsel for the applicant, inter alia, contends that the is residing at her parental home at Rewari. Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at husband from Family Court, Rohtak to the Court counsel for the respondent vehemently opposes the I have heard learned counsel for the parties and gone through In the present case, admittedly, the applicant-wife has filed the which are pending adjudication before the Court of Application under Section 12 of Protection of Women from Domestic Violence Act, 2005 bearing DV Kavita Kumari Vs. Rakesh Kumar for recovery of arrears of maintenance titled as ““Kavita Kumari Vs. Case registered under Sections 406, 498A, 506 IPC bearing No. CHI/1212/2023, titled as “State of Haryana plication for maintenance under Section 125 Cr.P.C. bearing MNT/125/176/2021, titled as “Kavita Kumari Vs. Rakesh Kumar and ors.” 2 , contends that the . Accordingly, a petition filed at to the Court opposes the and gone through wife has filed the which are pending adjudication before the Court of Application under Section 12 of Protection of Women DV Kavita Kumari Vs. Rakesh Kumar for recovery of arrears of maintenance Kavita Kumari Vs. Case registered under Sections 406, 498A, 506 IPC State of Haryana plication for maintenance under Section 125 Cr.P.C. Kavita Kumari Vs. SANJAY GUPTA 2026.07.24 13:29 I attest to the accuracy and integrity of this document TA No.499 of 2026 [7] As per the averments made in the present transfer application, the applicant-wife is residing with her parents and has no independent source of income. [8] Furthermore, the Hon’ble Supreme Court in the case of Manjula Singh Chouhan “2019 (13) SCC 660” 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 extracted hereunder: “3. 4. 5. [9] Considering the aforesaid facts and circumstances, in the humble opinion of this Court Protection of Women from Domestic Violence Act, 2005 bearing DV Act/76/2021 titled as 2026 As per the averments made in the present transfer application, wife is residing with her parents and has no independent source of income. Furthermore, the Hon’ble Supreme Court in the case of Manjula Singh Chouhan Versus Vishal Singh Chouhan 2019 (13) SCC 660” held that in the interest of both the partie 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 extracted hereunder: As per the submission of the appellant, two 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 n 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 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 four cases i.e. Protection of Women from Domestic Violence Act, 2005 bearing DV Act/76/2021 titled as “Kavita Kumari Vs. Rakesh Kumar and ors.” As per the averments made in the present transfer application, wife is residing with her parents along with her two children Furthermore, the Hon’ble Supreme Court in the case of Vishal Singh Chouhan, reported as 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 extracted hereunder:- 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, 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 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 cases i.e. under Section 12 o Protection of Women from Domestic Violence Act, 2005 bearing DV Kavita Kumari Vs. Rakesh Kumar and ors.” 3 As per the averments made in the present transfer application, along with her two children Furthermore, the Hon’ble Supreme Court in the case of reported as s, all connected matrimonial proceedings should ordinarily be heard by the same Court and accordingly, allowed the transfer application therein. Relevant 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, ot be permitted. The fact remains that the respondent has to travel to Bhopal for conduct of other cases pending in Family Court, We are of the view that it will be in the interests of both the Therefore, H.M.A. Case No.71/2016 is transferred from Considering the aforesaid facts and circumstances, in the under Section 12 of Protection of Women from Domestic Violence Act, 2005 bearing DV Kavita Kumari Vs. Rakesh Kumar and ors.”; SANJAY GUPTA 2026.07.24 13:29 I attest to the accuracy and integrity of this document TA No.499 of 2026 application for recovery of arrears of maintenance bearing EXE/122/2024 titled as ““Kavita Kumari Vs. Rakesh Kumar.” under Sections 406, 498A, 506 IPC bearing No. CHI/1212/2023, titled as “State of Haryana Vs. Rakesh Section 125 Cr.P.C. bearing MNT/125/176/2021, titled as Vs. Rakesh Kumar and at Rewari, therefore, their cases be heard together [10] Consequently, the transfer application is divorce petition under Section HMA/333/2023 the respondent Principal Judge, Family Court, at Rewari. The requisite record of the aforesaid case be sent by the Family Court, Rohtak [11] Pending miscellaneous application(s), if any, shall also stand disposed of. 22.07.2026 sanjay Whether speaking/reasoned Whether reportable 2026 for recovery of arrears of maintenance bearing EXE/122/2024 Kavita Kumari Vs. Rakesh Kumar.” under Sections 406, 498A, 506 IPC bearing No. CHI/1212/2023, titled as State of Haryana Vs. Rakesh”; and application for maintenance under Section 125 Cr.P.C. bearing MNT/125/176/2021, titled as Vs. Rakesh Kumar and ors.”, filed at the instance of applicant is pending , 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 petition under Section 13 of the Hindu Marriage Act i.e. HMA/333/2023, titled “Rakesh Kumar Vs. Smt. Kavita Kumari the respondent-husband, stands transferred from the Court of Principal Judge, Family Court, Rohtak to the Court of The requisite record of the aforesaid case be sent by the Family to the Court of competent jurisdiction at Pending miscellaneous application(s), if any, shall also stand Whether speaking/reasoned Whether reportable for recovery of arrears of maintenance bearing EXE/122/2024 Kavita Kumari Vs. Rakesh Kumar.”; criminal case registered under Sections 406, 498A, 506 IPC bearing No. CHI/1212/2023, titled as ”; and application for maintenance under Section 125 Cr.P.C. bearing MNT/125/176/2021, titled as “Kavita Kumari filed at the instance of applicant is pending it would be in the interest of both the parties that all at the same place. Consequently, the transfer application is allowed and the of the Hindu Marriage Act i.e. Rakesh Kumar Vs. Smt. Kavita Kumari”, filed by husband, stands transferred from the Court of learned to the Court of competent jurisdiction The requisite record of the aforesaid case be sent by the Family to the Court of competent jurisdiction at Rewari. Pending miscellaneous application(s), if any, shall also stand (HARKESH MANUJA) JUDGE Yes/No Yes/No 4 for recovery of arrears of maintenance bearing EXE/122/2024 criminal case registered under Sections 406, 498A, 506 IPC bearing No. CHI/1212/2023, titled as ”; and application for maintenance under Kavita Kumari filed at the instance of applicant is pending it would be in the interest of both the parties that all and the of the Hindu Marriage Act i.e. filed by learned nt jurisdiction The requisite record of the aforesaid case be sent by the Family Pending miscellaneous application(s), if any, shall also stand SANJAY GUPTA 2026.07.24 13:29 I attest to the accuracy and integrity of this document