Date of Decision: 0 Madhvi @ Madhvi Kundra Madhvi @ Madhvi Kundra v. Vs Vivek Sood

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Yaseen Sethi, Advocate and Present: Mr. Yaseen Sethi, Advocate and Mr. Yaseen Sethi, Advocate and Mr. Anmol Jindal, Advocate Mr. Anmol Jindal, Advocate for the applicant/petitioner. for the applicant/petitioner. s. Kiranjeet Kaur, Advocate Ms. Kiranjeet Kaur, Advocate for the respondent. for the respondent. **** HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) wife, by way of present case, seeks transfer of The applicant-wife, by way of present case, seeks transfer of wife, by way of present case, seeks transfer of The applicant divorce petition bearing No. HMA-214/2025 divorce petition bearing Vivek Sood Vs. Madhvi 214/2025, titled “Vivek Sood Vs. Madhvi , filed under Section 13 of the Hindu Marriage Act, 1955 Kundra”, filed under Section 13 of the Hindu Marriage Act, 1955 , filed under Section 13 of the Hindu Marriage Act, 1955 , filed under Section 13 of the Hindu Marriage Act, 1955 hereinafter to be referred as “divorce petition (hereinafter to be referred as “ ) at the instance of divorce petition”) at the instance of husband; from the Court of learned Principal Judge, Family respondent-husband; from the Court of learned Principal Judge, Family husband; from the Court of learned Principal Judge, Family husband; from the Court of learned Principal Judge, Family Court, Moga to the Court of to the Court of competent jurisdiction at Ludhiana competent jurisdiction at Ludhiana. [2] Briefly stating, Briefly stating, Briefly stating, Briefly stating, the marriage between the marriage between the marriage between the marriage between the petitioner and the petitioner and the petitioner and the petitioner and respondent was solemnized on 14.01.202 respondent was solemnized on out of their wedlock, a boy 14.01.2021; out of their wedlock, a boy on account of matrimonial discord child, namely, Aahan Sood was born; on account of matrimonial discord on account of matrimonial discord child, namely, Aahan Sood was born; between the parties, the above mentioned divorce petition came to be between the parties, the above mentioned divorce petition came to be between the parties, the above mentioned divorce petition came to be between the parties, the above mentioned divorce petition came to be preferred at the instance of respondent-husband. preferred at the instance of respondent the present husband. Thereupon, the present application seeking transfer eking transfer thereof came to be filed by the applicant wife. came to be filed by the applicant-wife. 2 TA No.233 of 202 2026 [3] Learned counsel for the applicant, inter alia, contends that the Learned counsel for the applicant, Learned counsel for the applicant, . Accordingly, a wife is residing at her parental home at Ludhiana. Accordingly, a wife is residing at her parental home at applicant-wife is residing at her parental home at prayer is made for transfer of the above mentioned divorce petition filed at prayer is made for transfer of the above mentioned divorce petition filed at prayer is made for transfer of the above mentioned divorce petition filed at prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent-husband from Family Court, the instance of respondent to Family husband from Family Court, Moga to Family Court, Ludhiana Ludhiana. [4] Learned counsel for the respondent vehemently opposes the earned counsel for the respondent vehemently opposes the counsel for the respondent vehemently opposes the prayer made on behalf of the applicant. prayer made o [5] and gone through I have heard learned counsel for the parties and gone through I have heard learned counsel for the I have heard learned counsel for the book. the paper-book. [6] In the present case, admittedly, the applicant-wife has filed In the present case, admittedly, the applicant In the present case, admittedly, the applicant wife has filed a “Madhvi Kundra Vs. Vivek petition bearing HMA/220/2026, titled as “Madhvi Kundra Vs. Vivek petition bearing HMA/220/2026, titled as petition bearing HMA/220/2026, titled as Section 9 of the Hindu Marriage Act, 1955 for restitution of Sood” under Section 9 of the Hindu Marriage Act, 1955 for restitution of Section 9 of the Hindu Marriage Act, 1955 for restitution of Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights, in which respondent had already put in appearance and conjugal rights, in which respondent had already put in appearance and conjugal rights, in which respondent had already put in appearance and conjugal rights, in which respondent had already put in appearance and sought time for filing reply. sought time for filing reply. [7] As per the averments made in the present transfer application, As per the averments made in the present transfer application, As per the averments made in the present transfer application, As per the averments made in the present transfer application, the applicant-wife is re her widow mother as father had already wife is residing with her widow mother as father had already her widow mother as father had already and has no independent source of income. expired and has no independent source of income. and has no independent source of income. [8] Furthermore, the Hon’ble Supreme Court in the case of Furthermore, the Hon’ble Supreme Court in the case of Furthermore, the Hon’ble Supreme Court in the case of Furthermore, the Hon’ble Supreme Court in the case of Manjula Singh Chouhan Versus Vishal Singh Chouhan Manjula Singh Chouhan reported as Vishal Singh Chouhan, reported as