Simmy Bala v. Arun Kumar

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Ankur Gupta, Advocate, for the petitioner. Mr. Chirag Vansh, Advocate with Mr. Hasreet Brar, Advocate, for the respondent. HARKESH MANUJA, J. (ORAL) **** The petitioner-wife, by way of present application, seeks transfer of petition bearing DMC/138/2024, titled “Arun Kumar Versus Shimi Bala” 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, Camp Court, Zira, District Ferozepur, to the Court of competent jurisdiction at District Tarn Taran. [2] Briefly stating, the marriage between the petitioner and respondent was solemnized on 04.05.2021; a baby boy was born out of the said wedlock and on account of matrimonial discord between the parties, the above mentioned petition 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, submits that some petition(s) filed at the instance of petitioner-wife are pending adjudication at the Court Complex, Tarn Taran; she is working as Data Entry T.A. No.

796 of 2025 (O&M) [2] Operator on contractual basis in District Child Protection Unit, Juvenile Justice Board, Tarn Taran and she alongwith her minor boy, namely, Rudra, is residing at her parental home at Tarn Taran, which is at a distance of about 60 kms. from Zira; therefore, it is very difficult to travel for her with minor boy; thus, prayer is for transfer of the above mentioned petition filed at the instance of respondent-husband from Family Court, Camp Court Zira to the Court of competent jurisdiction at Tarn Taran. [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 following two petitions which are pending adjudication at the Court Complex, Tarn Taran:- (1) Petition under Section 144 of BNSS, 2023; pending before the Court of learned Principal Judge, Family Court, Tarn Taran; and (2) Petition bearing COMA No.

14 of 2025 under Sections 12, 17, 18, 19 & 20 read with Section 22 of Protection of Women from Domestic Violence Act, 2005; pending before the Court of learned Chief Judicial Magistrate Court, Tarn Taran. [7] As per the averments made in the present transfer application, the petitioner-wife is working as Data Entry Operator on contractual basis in District Child Protection Unit, Juvenile Justice Board, Tarn Taran and she alongwith her minor boy, namely, Rudra, is residing at her parental home at T.A. No. 796 of 2025 (O&M) [3] Tarn Taran, which is at a distance of about 60 kms. from Zira. In the humble opinion of this Court, it would be appropriate that in case the aforesaid petition under Section 9 of the Hindu Marriage Act, 1955 filed at the instance of respondent-husband pending at Family Court, Camp Court Zira, District Ferozepur be transferred to the Court of competent jurisdiction at Tarn Taran so as to ensure convenience of the petitioner-wife alongwith minor boy. [8] 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 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.

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.