Soma Rani v. Surjit Singh

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Vivek Singla, Advocate, for the petitioner. Mr. Amarsh Dudeja, Advocate for the respondent. HARKESH MANUJA, J. (ORAL) **** The petitioner-wife, by way of present application, seeks transfer of case bearing DMC No. 41 of 2025, dated 10.01.2024, titled “Surjit Singh Versus Soma Rani”, filed under Section 9 of the Hindu Marriage Act, 1955 at the instance of respondent-husband; from the Court of learned Principal Judge, Family Court, Hisar to the Court of competent jurisdiction at Barnala. [2] Briefly stating, the marriage between the petitioner and respondent was solemnized on 11.06.2023; on account of matrimonial discord between the parties, the above mentioned petition under Section 9 of the Hindu Marriage Act, 1955 came to be preferred at the instance of respondent-husband. Thereupon, the present application seeking its transfer came to be filed by the petitioner-wife. [3] Learned counsel for the petitioner, inter alia, contends that a petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 T.A. No. 125 of 2025 (O&M) [2] is stated to be filed by the petitioner-wife, which is pending before the Court at Barnala. He further submits that an FIR No. 965, dated 18.11.2024 under Sections 115, 190, 191(2) 351(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, was got lodged by the petitioner at Police Station Sadar, District Hisar against the respondent-husband. He also contends that the petitioner-wife is residing in her parental house at Village Dhanaula, District Barnala, which is situated at a distance of approximately 160 kms. from Hisar, thus, prayer is for transfer of the above mentioned petition under Section 9 of the Hindu Marriage Act, 1955 filed at the instance of respondent-husband from Family Court, Hisar to Family Court, Barnala. [4] On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the petitioner. [5] I have heard learned counsel for the parties and gone through the paper-book. [6] In the present case, admittedly, the petitioner-wife has filed the maintenance petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which is pending adjudication before the Family Court, Barnala; besides it, she is a permanent resident of Barnala, which is at a distance of about 160 kms. from Hisar (Haryana). [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 paras-3 to 5 of the aforesaid decision 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 T.A. No. 125 of 2025 (O&M) [3] 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.

#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, it would be in the interest of both the parties that all their cases be heard together by the same Court. Consequently, the transfer application is allowed and petition under Section 9 of the Hindu Marriage Act, 1955 bearing DMC No. 41 of 2025, dated 10.01.2024, titled “Surjit Singh Versus Soma Rani”, filed by the respondent-husband, stands transferred from the Family Court, Hisar, to the Court of competent jurisdiction at Barnala. The requisite record of the aforesaid case be sent by the Family Court, Hisar to the Court concerned. [9] Pending miscellaneous application(s), if any, shall also stand disposed off. July 06, 2026 'dk kamra' ( HARKESH MANUJA ) JUDGE Whether Speaking/reasoned Whether Reportable Yes/No Yes/No