Ta No. 79 of 2026 · Punjab And Haryana High Court · 2026

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Himanshu Setia, Advocate for the Mr. Himanshu Setia, Advocate for the applicant. Mr. Rythum Bajaj, Advocate for the Mr. Rythum Bajaj, Advocate for the respondent. HARKESH MANUJA, J. (ORAL) HARKESH MANUJA ****

#1. The applicant wife, by way of present application, seeks transfer The applicant-wife, by way of present application, seeks transfer wife, by way of present application, seeks transfer of petition bearing DMC/227/2025, titled of petition bearing vs. , titled “Davinder Wadhawan vs. Pooja Mehta”, filed under Section , filed under Section 13 of the Hindu Marriage Act, 1955 of the Hindu Marriage Act, 1955 - at the instance of respondent- (hereinafter to be referred as “the Act”) at the instance of respondent (hereinafter to be referred as “the Act”) husband; from the Court of learned District Judge husband; from the Court of learned Principal Judge, District Judge-cum-Principal Judge, Family Court, Fazilka Fazilka to the Court of learned District Judge Principal Court of learned District Judge-cum-Principal Judge, Family Court, Sirsa. Judge, Family Court, Sirsa. cant and respondent Briefly stating, the marriage between the applicant and respondent Briefly stating, the marriage between the appli 2. Briefly stating, the marriage between the appli ; on account of matrimonial discord was solemnized on 13.04.2022; on account of matrimonial discord ; on account of matrimonial discord was solemnized on between the parties, the above mentioned petition under Section 13 of between the parties, the above mentioned petition under Section 13 of between the parties, the above mentioned petition under Section 13 of between the parties, the above mentioned petition under Section 13 of husband. the Act, came to be preferred at the instance of respondent-husband. the Act, came to be preferred at the instance of respondent the Act, came to be preferred at the instance of respondent n seeking transfer thereof came to be Thereupon, the present application seeking transfer thereof came to be n seeking transfer thereof came to be Thereupon, the present applicatio filed by the applicant-wife. filed by the applicant

#3. Learned counsel for the applicant, inter alia Learned counsel for the applicant, , contends that the inter alia, contends that the is staying at her parental home and is practicing as a applicant-wife is staying at her parental home and is practicing as a is staying at her parental home and is practicing as a is staying at her parental home and is practicing as a 2 TA-79-2026 trainee at the office of an Advocate at Sirsa. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of respondent-husband from Family Court, Fazilka to Family Court, Sirsa.

#4. On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant while submitting that two other petitions filed at the instance of respondent-husband are pending at Fazilka and thus, the present application is liable to be dismissed. The details of the same are mentioned herein-below:

#2. Criminal proceeding bearing No. CHI/24/2026 Civil Suit bearing No. CS/251/2024

#5. I have heard learned counsel for the parties and gone through the paper-book.

#6. In the present case, admittedly, the applicant-wife has filed a petition under Section 125 of CrPC for grant of maintenance and a petition under Sections 12, 17, 18, 19, 20, 22 and 23 of Protection of Women from Domestic Violence Act, 2005, which are pending adjudication at District Courts, Sirsa. Furthermore, two litigations pending at Fazilka at the instance of husband do not relate to matrimonial dispute.

#7. Furthermore, the Hon’ble Supreme Court in its decision rendered in “Manjula Singh Chouhan Versus Vishal Singh Chouhan”, reported as 2019 (13) SCC 660 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 reproduced 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, 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. 3 TA-79-2026

#4. 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.

#5. Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal.”

#8. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, since a maintenance petition under Section 125 CrPC and a petition under the provision of Protection of Women from Domestic Violence Act, 2005 are pending adjudication at Sirsa, 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 allowed and the petition under Section 13 of the Hindu Marriage Act, 1955 i.e. DMC/227/2025, titled “Davinder Wadhawan vs. Pooja Mehta”, filed by the respondent-husband, stands transferred from the Court of learned District Judge-cum-Principal Judge, Family Court, Fazilka to the Court of learned District Judge-cum-Principal Judge, Family Court, Sirsa. The requisite record of the aforesaid case be sent by the Family Court, Fazilka to the Court concerned.

#9. Pending miscellaneous application(s), if any, shall also stand disposed of.

10.07.2026 Tejwinder (HARKESH MANUJA) JUDGE Whether speaking/reasoned Whether reportable Yes/No Yes/No