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2026 DAILYLAW 38558 (PNJ)

MAM CHAND TAPERWAL AND ANR v. DEEPA RANI

TA/558/2026 · 2026-09-03

Harkesh Manuja

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Judgment text

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TA No.558 of 2026 (O&M) & other connected cases IN THE HIGH COURT OF PUNJAB AND HARYANA 107 1. MAM CHAND TAPERWAL AND ANR Vs DEEPA RANI 2. PANKAJ TAPERWAL Vs STATE OF HARYANA AND ORS. 3. PANKAJ TAPERWAL Vs STATE OF HARYANA AND ORS. 4. PANKAJ TAPERWAL Vs STATE OF HARYANA AND ORS. 5. PANKAJ TAPERWAL Vs STATE OF HARYANA AND CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Mr. Umesh, Advocate for the applicant Mr. R.P.S. Brar, Asstt. A.G., Haryana. Mr. Vikram for respondent No.1 in TA No.558 of 2026 and for respondent No.2 in CRM Mr. Satish Chaudhary, Advocate for respondent No.2 in CRM for respondent No.3 in CRM TA No.558 of 2026 (O&M) & other connected cases IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. Date of Decision: MAM CHAND TAPERWAL AND ANR .......Applicant …..Respondent(s) CRM-M No.22605 of PANKAJ TAPERWAL ...... STATE OF HARYANA AND ORS. …..Respondent(s) CRM-M No.24217 PANKAJ TAPERWAL ...... STATE OF HARYANA AND ORS. …..Respondent(s) CRM-M No.24274 of PANKAJ TAPERWAL ...... STATE OF HARYANA AND ORS. …..Respondent(s) CRM-M No.43737 PANKAJ TAPERWAL ...... STATE OF HARYANA AND ANR. …..Respondent(s) HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Vaibhav Sehgal, Advocate with Mr. Umesh, Advocate for the applicants/petitioner(s). Mr. R.P.S. Brar, Asstt. A.G., Haryana. Mr. Vikram Singh Narwal, Advocate for respondent No.1 in TA No.558 of 2026 and for respondent No.2 in CRM-M Nos. Mr. Satish Chaudhary, Advocate or respondent No.2 in CRM-M No. for respondent No.3 in CRM-M No.2 **** TA No.558 of 2026 (O&M) & other connected cases IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ransfer Application No.558 of 2026 (O&M) Date of Decision: 03.09.2026 ......Applicants …..Respondent(s) M No.22605 of 2026 (O&M) ......Petitioner …..Respondent(s) 24217 of 2026 (O&M) ......Petitioner …..Respondent(s) M No.24274 of 2026 (O&M) ......Petitioner …..Respondent(s) 43737 of 2026 (O&M) ......Petitioner …..Respondent(s) HON'BLE MR. JUSTICE HARKESH MANUJA with Mr. R.P.S. Brar, Asstt. A.G., Haryana. Singh Narwal, Advocate for respondent No.1 in TA No.558 of 2026 and M Nos.22605, 24217 & 24274 of 2026 M No.43737 of 2026 and M No.22605, 24217 & 24274 of 2026. 1 22605, 24217 & 24274 of 2026. 2605, 24217 & 24274 of 2026. MOHMED ATIK 2026.09.09 14:13 I attest to the accuracy and integrity of this order/judgmemtt TA No.558 of 2026 (O&M) & other connected cases HARKESH MANUJA, J. (Oral) 1. Vide this common order, TA No.558 of 2026 and CRM Nos.22605, 24217, 24274 and 43737 of 2026 (O& cases have arisen out of common controversy and involve identical facts. 2. The applicant application(s)/petition District Court, Yamuna Nagar and (1) vs. Mam Chand Taperwal &Anr Judge (Junior Division), Yamuna (2) pending before the learned Addl. Principal Judge, Family Court, Yamuna (3) Pankaj Taparwal and ors.” under Sections 12, 18, 19, 20, 21 & 22 of Protection of Women from Domestic Violence Act, 2005, pending before learned Civil Judge (Senior Division), District Yamuna (4) No.319 dated 23.09.2023 registered under Sections 323, 354, 377, 406, 498 (5) dated 04.02.2026 registered BNS, 2023 at P.S. Sector 17, HUDA, Jagadhri, Yamuna TA No.558 of 2026 (O&M) & other connected cases HARKESH MANUJA, J. (Oral) Vide this common order, TA No.558 of 2026 and CRM Nos.22605, 24217, 24274 and 43737 of 2026 (O& cases have arisen out of common controversy and involve identical facts. The applicant(s)/petitioner(s), by way of present /petition(s), seek(s) transfer of following cases from the learned District Court, Yamuna Nagar at Jagadhri to any other place outside District agar and learned Civil Courts at Bilaspur Civil Suit No.643 of 2025 dated 19.03.2025 titled “Deepa Rani vs. Mam Chand Taperwal &Anr., pending before the learned Civil Judge (Junior Division), Yamuna N Case bearing No.125/173 of 2023, under Section 125 Cr.P.C., pending before the learned Addl. Principal Judge, Family Court, Yamuna Nagar; Case bearing No.COMA 146 of 2023 titled “Deepa Rani vs. Pankaj Taparwal and ors.” under Sections 12, 18, 19, 20, 21 & 22 of Protection of Women from Domestic Violence Act, 2005, pending before learned Civil Judge (Senior Division), District Yamuna Case bearing No.CHI No.2238 of 2023 No.319 dated 23.09.2023 registered under Sections 323, 354, 377, 406, 498-A, 506 IPC at P.S. Chhapar, District Yamuna Case bearing N.CHI No.737 of 2026 arising out of FIR No.55 dated 04.02.2026 registered under Sections 115, 351(2), 74, 79 of BNS, 2023 at P.S. Sector 17, HUDA, Jagadhri, Yamuna TA No.558 of 2026 (O&M) & other connected cases Vide this common order, TA No.558 of 2026 and CRM Nos.22605, 24217, 24274 and 43737 of 2026 (O&M) are being decided as all the cases have arisen out of common controversy and involve identical facts. , by way of present following cases from the learned agar at Jagadhri to any other place outside District Bilaspur:- Civil Suit No.643 of 2025 dated 19.03.2025 titled “Deepa Rani ., pending before the learned Civil Nagar at Jagadhri; Case bearing No.125/173 of 2023, under Section 125 Cr.P.C., pending before the learned Addl. Principal Judge, Family Court, 146 of 2023 titled “Deepa Rani vs. Pankaj Taparwal and ors.” under Sections 12, 18, 19, 20, 21 & 22 of Protection of Women from Domestic Violence Act, 2005, pending before learned Civil Judge (Senior Division), District Yamuna Nagar I No.2238 of 2023 arising out of FIR No.319 dated 23.09.2023 registered under Sections 323, 354, 377, A, 506 IPC at P.S. Chhapar, District Yamuna Nagar; and Case bearing N.CHI No.737 of 2026 arising out of FIR No.55 under Sections 115, 351(2), 74, 79 of BNS, 2023 at P.S. Sector 17, HUDA, Jagadhri, Yamuna Nagar. 2 Vide this common order, TA No.558 of 2026 and CRM-M M) are being decided as all the , by way of present following cases from the learned agar at Jagadhri to any other place outside District Civil Suit No.643 of 2025 dated 19.03.2025 titled “Deepa Rani ., pending before the learned Civil Case bearing No.125/173 of 2023, under Section 125 Cr.P.C., pending before the learned Addl. Principal Judge, Family Court, 146 of 2023 titled “Deepa Rani vs. Pankaj Taparwal and ors.” under Sections 12, 18, 19, 20, 21 & 22 of Protection of Women from Domestic Violence Act, 2005, pending agar; arising out of FIR No.319 dated 23.09.2023 registered under Sections 323, 354, 377, Case bearing N.CHI No.737 of 2026 arising out of FIR No.55 under Sections 115, 351(2), 74, 79 of MOHMED ATIK 2026.09.09 14:13 I attest to the accuracy and integrity of this order/judgmemtt TA No.558 of 2026 (O&M) & other connected cases 3. Briefly stating, the marriage between the and respondent No.2 of the parents of both the parties. No child was born out of this wedlock. account of matrimonial discord separately since 16.05.2023 and pursing the cases as mentioned part of this order. 4. I have heard learned counsel for the parties and gone through the paper book(s). 5. A perusal of the record shows that learned District Court at Yamuna Nagar, the petitioner previously represented through his counsel Jagadhri Bar Association, whereas respondent No.1 represented through Ms. Mumtaj Khan, Advocate, who happens to be Ex. Joint Secretary of the Bilaspur Bar Association. 6. From the record, it can be discerned that on 04.02.2026, an untoward and unfortunate incident took place resulting into registration of FIR No.55 dated 04.02.2026 under Sections 115, 351(2), 74, 79 of BNS, 2023 at P.S. Sector 17, HUDA at the instance Pankaj Taperwal. day. Thereafter, t its members/lawyers not to appear on behalf 04.02.2026. On was representing petitioner petitioner and returned all his brief. TA No.558 of 2026 (O&M) & other connected cases Briefly stating, the marriage between the and respondent No.2-Deepa Rani was solemnized on of the parents of both the parties. No child was born out of this wedlock. account of matrimonial discord between the parties, they have been living separately since 16.05.2023 and pursing the cases as mentioned of this order. I have heard learned counsel for the parties and gone through the A perusal of the record shows that learned District Court at Yamuna Nagar, the petitioner ly represented through his counsel Mr. Arun Dhanda, Ex. President, Jagadhri Bar Association, whereas respondent No.1 represented through Ms. Mumtaj Khan, Advocate, who happens to be Ex. Joint Secretary of the Bilaspur Bar Association. From the record, it can be discerned that on 04.02.2026, an untoward and unfortunate incident took place resulting into registration of FIR No.55 dated 04.02.2026 under Sections 115, 351(2), 74, 79 of BNS, 2023 at P.S. Sector 17, HUDA at the instance of Ms. Mumtaj Khan, Advocate against the petitioner Pankaj Taperwal. Immediately, the petitioner was taken into custody on the same Thereafter, the Bar Association, Jagadhri issued a communication requesting its members/lawyers not to appear on behalf the same day i.e. 04.02.2026, Mr. Arun Dhanda, Advocate representing petitioner-Pankaj Taperwal, wrote a letter to the father of the petitioner and returned all his brief. TA No.558 of 2026 (O&M) & other connected cases Briefly stating, the marriage between the petitioner-Pankaj Taperw was solemnized on 17.03.2023 with the consent of the parents of both the parties. No child was born out of this wedlock. between the parties, they have been living separately since 16.05.2023 and pursing the cases as mentioned in the preceding I have heard learned counsel for the parties and gone through the A perusal of the record shows that in the cases pending before the learned District Court at Yamuna Nagar, the petitioner- Pankaj Taperwal was Mr. Arun Dhanda, Ex. President, Jagadhri Bar Association, whereas respondent No.1-Deepa Rani (wife) was represented through Ms. Mumtaj Khan, Advocate, who happens to be Ex. Joint From the record, it can be discerned that on 04.02.2026, an untoward and unfortunate incident took place resulting into registration of FIR No.55 dated 04.02.2026 under Sections 115, 351(2), 74, 79 of BNS, 2023 at P.S. Sector 17, of Ms. Mumtaj Khan, Advocate against the petitioner Immediately, the petitioner was taken into custody on the same he Bar Association, Jagadhri issued a communication requesting of petitioner in FIR No.55 dated 04.02.2026, Mr. Arun Dhanda, Advocate, who Pankaj Taperwal, wrote a letter to the father of the 3 wal with the consent On between the parties, they have been living preceding I have heard learned counsel for the parties and gone through the in the cases pending before the Pankaj Taperwal was Mr. Arun Dhanda, Ex. President, Deepa Rani (wife) was represented through Ms. Mumtaj Khan, Advocate, who happens to be Ex. Joint From the record, it can be discerned that on 04.02.2026, an untoward and unfortunate incident took place resulting into registration of FIR No.55 dated 04.02.2026 under Sections 115, 351(2), 74, 79 of BNS, 2023 at P.S. Sector 17, of Ms. Mumtaj Khan, Advocate against the petitioner- Immediately, the petitioner was taken into custody on the same he Bar Association, Jagadhri issued a communication requesting of petitioner in FIR No.55 dated , who Pankaj Taperwal, wrote a letter to the father of the MOHMED ATIK 2026.09.09 14:13 I attest to the accuracy and integrity of this order/judgmemtt TA No.558 of 2026 (O&M) & other connected cases 7. Apparently the petiti assistance from the members of the Bar Association of Jagadhri. circumstances and keeping in view the peculiar facts of the case, this Court is of the considered opinion that the ends of justice woul mentioned in para No.2 of this order relating to the matrimonial dispute of the petitioner-Pankaj Taperwal and respondent dated 04.02.2026 registered at the instance of Ms. Mumtaj Khan, Advocate ordered to be transferred order to enable the applicant(s)/petitioner(s) to seek enforcement of his/their rights in an effective and practical manner. Accordingly, all the cases no.2 of this order, jurisdiction at Ambala. learned District Court, Yamuna Nagar to Sessions Judge, Am Court and list all the cases on one date to pursue their litigation. District Judge on pay a sum of Rs.50,000/ respondent-Deepa Rani (wife). 8. In view above, all the cases are disposed of. application(s), if any, shall also stand disposed of. September 03, 20 Atik Whether speaking/reasoned Whether reportable TA No.558 of 2026 (O&M) & other connected cases pparently the petitioner-Pankaj Taperwal is not getting proper legal from the members of the Bar Association of Jagadhri. and keeping in view the peculiar facts of the case, this Court is of the considered opinion that the ends of justice woul mentioned in para No.2 of this order relating to the matrimonial dispute of the Pankaj Taperwal and respondent-Deepa Rani including the FIR No.55 dated 04.02.2026 registered at the instance of Ms. Mumtaj Khan, Advocate ordered to be transferred outside the jurisdiction of Jagadhri (Yamuna Nagar) in order to enable the applicant(s)/petitioner(s) to seek enforcement of his/their rights in an effective and practical manner. Accordingly, all the cases o.2 of this order, are ordered to be transferred to the jurisdiction at Ambala. The requisite record of the aforesaid case District Court, Yamuna Nagar to concerned Sessions Judge, Ambala is requested to assign the cases to the concerned Family list all the cases on one date so that it is convenient for both the parties to pursue their litigation. The parties are directed to appear before the on 18.09.2026. The petitioner-Pankaj Taperwal is also directed to pay a sum of Rs.50,000/- towards litigation expenses to be incurred by the Deepa Rani (wife). In view above, all the cases are disposed of. , if any, shall also stand disposed of. (HARKESH MANUJA) 2026 Whether speaking/reasoned Yes/No Whether reportable Yes/No TA No.558 of 2026 (O&M) & other connected cases Pankaj Taperwal is not getting proper legal from the members of the Bar Association of Jagadhri. In such and keeping in view the peculiar facts of the case, this Court is of the considered opinion that the ends of justice would be met if all the cases mentioned in para No.2 of this order relating to the matrimonial dispute of the Deepa Rani including the FIR No.55 dated 04.02.2026 registered at the instance of Ms. Mumtaj Khan, Advocate outside the jurisdiction of Jagadhri (Yamuna Nagar) in order to enable the applicant(s)/petitioner(s) to seek enforcement of his/their rights in an effective and practical manner. Accordingly, all the cases mentioned in para are ordered to be transferred to the Court of competent The requisite record of the aforesaid cases be sent by the concerned Court. The learned District & bala is requested to assign the cases to the concerned Family o that it is convenient for both the parties The parties are directed to appear before the learned Pankaj Taperwal is also directed to towards litigation expenses to be incurred by the In view above, all the cases are disposed of. Pending miscellaneous , if any, shall also stand disposed of. (HARKESH MANUJA) JUDGE Yes/No Yes/No 4 Pankaj Taperwal is not getting proper legal In such and keeping in view the peculiar facts of the case, this Court is of all the cases mentioned in para No.2 of this order relating to the matrimonial dispute of the Deepa Rani including the FIR No.55 dated 04.02.2026 registered at the instance of Ms. Mumtaj Khan, Advocate are outside the jurisdiction of Jagadhri (Yamuna Nagar) in order to enable the applicant(s)/petitioner(s) to seek enforcement of his/their rights mentioned in para Court of competent be sent by the The learned District & bala is requested to assign the cases to the concerned Family o that it is convenient for both the parties learned Pankaj Taperwal is also directed to towards litigation expenses to be incurred by the Pending miscellaneous MOHMED ATIK 2026.09.09 14:13 I attest to the accuracy and integrity of this order/judgmemtt