TA No.376 of 2026 IN THE HIGH COURT OF PUNJAB AND HARYANA 203 DIVYA GHAI Vs NITIN KUMAR BERRY CORAM: HON'BLE MR. JUSTICE Present: Ms. Ameesha Goel for the applicant. Mr. Sahil Soi, Advocate for the respondent. HARKESH MANUJA, J. (Oral) 1. The case bearing No. filed under Section respondent-husband; from the Court of learned Court, Patiala to the 1.1. Reply filed on behalf of respondent is taken on record. 2. Briefly stating, the marriage between the was solemnized on parties, the above mentioned petition came to be respondent-husband. came to be filed by the 3. Learned counsel for the applicant-wife is working as Senior Accountan 2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. Date of Decision: NITIN KUMAR BERRY …..Respondent(s) HON'BLE MR. JUSTICE HARKESH MANUJA Ms. Ameesha Goel, Advocate for the applicant. Mr. Sahil Soi, Advocate for the respondent. **** HARKESH MANUJA, J. (Oral) The applicant-wife, by way of present No. “DMC/1352/2025”, titled “Nitin Kumar Berry vs. Divya Ghai filed under Section 9 of the Hindu Marriage Act, 1955 husband; from the Court of learned to the learned Additional Principal Judge, Family Court, Reply filed on behalf of respondent is taken on record. Briefly stating, the marriage between the was solemnized on 04.12.2022. On account of matrimonial discord parties, the above mentioned petition came to be husband. Thereupon, the present application seeking transfer came to be filed by the applicant-wife. Learned counsel for the applicant is working as Senior Accountant Executive in Abundance Invest IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ransfer Application No.376 of 2026 (O&M) Date of Decision: 27.08.2026 ......Applicant …..Respondent(s) HARKESH MANUJA wife, by way of present application, seeks transfer of Nitin Kumar Berry vs. Divya Ghai Marriage Act, 1955, at the instance of husband; from the Court of learned Additional Principal Judge, Family Principal Judge, Family Court, Ambala. Reply filed on behalf of respondent is taken on record. Briefly stating, the marriage between the applicant and the respondent n account of matrimonial discord between the parties, the above mentioned petition came to be preferred at the instance of application seeking transfer thereof applicant, inter alia, contends that the t Executive in Abundance Invest 1 transfer of Nitin Kumar Berry vs. Divya Ghai”, instance of Family respondent between the preferred at the instance of the thereof ntends that the t Executive in Abundance Investors MOHMED ATIK 2026.08.31 14:11 I attest to the accuracy and integrity of this document TA No.376 of 2026 Advisors LLP and residing in her parental home at Ambala. is made for transfer of the above mentioned petition filed at the instance of respondent-husband Court, Patiala to the 4. On the other hand, learned counsel for the respondent vehemently opposes the prayer made on 5. I have heard learned counsel for the paper-book. 6. In the present case, the No.DV Act-162 23 of Protection of Women from Domestic Violence Act, 2005 before the learned 7. As per the averments made in the present transfer application, the applicant-wife is working as Senior Accountant parents at Ambala charges and travelling expenses 8. Furthermore, the Hon’ble Supreme Court in its decision Manjula Singh Chouhan 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. pending in Family parties to try all their cases in Bhopal. Learned counsel for the respondent 2026 Advisors LLP and residing in her parental home at Ambala. transfer of the above mentioned petition filed at the instance of husband from the Court of learned Additional to the learned Additional Principal Judge, Family Court, Ambala. On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant. I have heard learned counsel for the In the present case, the applicant 162-2025 under Section 12 read with Sections 17, 18, 19, 20, 22 23 of Protection of Women from Domestic Violence Act, 2005 before the learned Judicial Magistrate Ist Class, Ambala. As per the averments made in the present transfer application, the is working as Senior Accountant parents at Ambala. The applicant is facing great difficulty charges and travelling expenses in pursuing the said case Furthermore, the Hon’ble Supreme Court in its decision Manjula Singh Chouhan Versus Vishal Singh Chouhan, held that, in the interest of both the parties, proceedings should ordinarily be heard by 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 Advisors LLP and residing in her parental home at Ambala. Accordingly, a prayer transfer of the above mentioned petition filed at the instance of Additional Principal Judge, Family Additional Principal Judge, Family Court, Ambala. On the other hand, learned counsel for the respondent vehemently behalf of the applicant. I have heard learned counsel for the parties and gone through the applicant-wife has filed a petition bearing 2025 under Section 12 read with Sections 17, 18, 19, 20, 22 and 23 of Protection of Women from Domestic Violence Act, 2005, which is pending Judicial Magistrate Ist Class, Ambala. As per the averments made in the present transfer application, the is working as Senior Accountant Executive and residing with her great difficulty in bearing the litigation the said case at Patiala. Furthermore, the Hon’ble Supreme Court in its decision rendered in Vishal Singh Chouhan, reported as “2019 (13) 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 2 Accordingly, a prayer transfer of the above mentioned petition filed at the instance of Family On the other hand, learned counsel for the respondent vehemently and gone through the bearing and is pending As per the averments made in the present transfer application, the Executive and residing with her in bearing the litigation rendered in 2019 (13) all connected 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 MOHMED ATIK 2026.08.31 14:11 I attest to the accuracy and integrity of this document TA No.376 of 2026 however, submits that it will suit to the appellant only, therefore, transfer may not be permitted. The fact remains tha 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, read with Sections 17, 18, 19, 20, 22 and 23 of Protection of Women from Domestic Violence Act, 2005, is pending before the learned Judicial Magistrate Ist Class, Ambala, therefore cases be heard togeth allowed and the petition under Section “DMC/1352/2025” respondent-husband, stands transferred Principal Judge, Family Court, Ambala learned Family Court, to appear before the concerned Court on 10. Pending miscellaneous application(s), if any, shall also stand disposed of. August 27, 2026 Atik Whether speaking/reasoned Whether reportable 2026 however, submits that it will suit to the appellant only, therefore, transfer may not be permitted. The fact remains tha 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 case bearing No.DV Act Sections 17, 18, 19, 20, 22 and 23 of Protection of Women from Domestic Violence Act, 2005, is pending before the learned Judicial Magistrate Ist 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 and the petition under Section 9 “DMC/1352/2025”, titled “Nitin Kumar Berry vs. Divya Ghai husband, stands transferred from the Court of learned Principal Judge, Family Court, Patiala to the learned Family Court, Ambala. The requisite record of the aforesaid case be sent by the Family Court, Patiala to the Court concerned. to appear before the concerned Court on 14.09.2026. Pending miscellaneous application(s), if any, shall also stand disposed (HARKESH MANUJA) 26 Whether speaking/reasoned Yes/No Whether reportable Yes/No 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. 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. 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 case bearing No.DV Act-162-2025 under Section 12 Sections 17, 18, 19, 20, 22 and 23 of Protection of Women from Domestic Violence Act, 2005, is pending before the learned Judicial Magistrate Ist it would be in the interest of both the parties that all their Consequently the transfer application is of the Hindu Marriage Act i.e. Nitin Kumar Berry vs. Divya Ghai”, filed by the from the Court of learned Additional earned Additional Principal Judge, The requisite record of the aforesaid case be sent by the to the Court concerned. Both the parties are directed 14.09.2026. Pending miscellaneous application(s), if any, shall also stand disposed (HARKESH MANUJA) JUDGE Yes/No Yes/No 3 however, submits that it will suit to the appellant only, therefore, transfer t the respondent has to travel to We are of the view that it will be in the interests of both the parties A. Case No.71/2016 is transferred from Family Considering the aforesaid facts and circumstances, in the humble 2025 under Section 12 Sections 17, 18, 19, 20, 22 and 23 of Protection of Women from Domestic Violence Act, 2005, is pending before the learned Judicial Magistrate Ist it would be in the interest of both the parties that all their Consequently the transfer application is of the Hindu Marriage Act i.e. filed by the Additional Additional Principal Judge, The requisite record of the aforesaid case be sent by the Both the parties are directed Pending miscellaneous application(s), if any, shall also stand disposed MOHMED ATIK 2026.08.31 14:11 I attest to the accuracy and integrity of this document