Annu Bala @ Annu Sharma v. Karuna Nidhi Gautam

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Sunny Singla, Advocate and Mr. Yuwan Singla, Advocate, for the petitioner. Mr. Fateh Sahota, Advocate for the respondent. HARKESH MANUJA, J. (ORAL) **** The petitioner-wife, by way of present application, seeks transfer of petition bearing HMA/147/2023, titled “Karuna Nidhi Gautam Versus Annu Sharma” filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as “divorce petition”) at the instance of respondent-husband; from the Court of learned Principal Judge, Family Court, Ludhiana, Camp Court at Samrala to the Court of competent jurisdiction at Amritsar. [2] Briefly stating, the marriage between the petitioner and respondent was solemnized on 26.01.2015; one baby boy was born out of the said wedlock and on account of matrimonial discord between the parties, the above mentioned divorce 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. T.A. No. 1159 of 2025 (O&M) [2] [3] Learned counsel for the petitioner, inter alia, contends that a petition bearing MNT/69/2025 under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 stated to be filed by the petitioner-wife, is pending before the Family Court, Amrtisar. He also submits that the petitioner-wife is residing at her parental house at Amritsar, which is situated at a distance of approximately 170 kms. from Samrala; therefore, it is very difficult for her to travel long distance with minor son; thus, prayer is for transfer of the above mentioned divorce petition filed at the instance of respondent-husband from Family Court, Ludhiana Camp Court at Samrala to the Court of competent jurisdiction at Amritsar. [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 bearing MNT/69/2025 under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which is pending adjudication before the Family Court, Amritsar; besides it, she is permanent resident of Amritsar, which is at a distance of about 170 kms. from Samrala [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. 1159 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 the divorce petition bearing HMA/147/2023 filed at instance of respondent-husband, stands transferred from the Family Court, Ludhiana, Camp Court at Samrala, to the Court of competent jurisdiction at Amritsar. The requisite record of the aforesaid case be sent by the Family Court, Ludhiana, Camp Court at Samrala 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