Ta No. 1198 of 2025 · Punjab And Haryana High Court · 2026

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr.Sandeep Jasuja, Advocate for the applicant. Mr. Sunil Bhardwaj, Advocate for the respondent. ***** HARKESH MANUJA J. (Oral) CM-11523-CII-2026 Application is allowed as prayed for. Documents (Annexures P-2 to P-4) are taken on record, subject to all just exceptions. Be tagged at appropriate place. Main case

#1. The applicant-wife, by way of present application, seeks transfer of case bearing HMA-408-2025, dated 28.05.2025 (Annexure P-1), titled “Aakash Sharma vs. Rajni”, filed under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 (hereinafter to be referred as “divorce petition”) at the instance of respondent-husband; from the Court of learned Principal Judge, Family Court, Jhajjar to the Court of learned Principal Judge, Family Court, Kurukshetra.

#2. Briefly stating, the marriage between the applicant and respondent TA-1198-2025 (O&M) --2-- was solemnized on 06.03.2018; out of their wedlock, a girl child namely, Lavanya, was born on 06.09.2020; on account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at the instance of respondent-husband. Thereafter, the present application seeking its transfer came to be filed by the applicant-wife.

#3. Learned counsel for the applicant, inter alia, contends that the applicant-wife has also filed the following three cases before the Court of learned Principal Judge, Family Court, Kurukshetra:- (i) for maintenance under Section 144 of BNSS; Petition (bearing No.MNT-267-2025 dated 10.12.2025) (ii) of the Protection of Women from Domestic Violence Act, 2005; Complaint (No.COMA/9901-2025) under Sections 12 (iii) FIR No.0103 dated 04.04.2026, under Sections 115, 316 (2) and 85 of BNS, registered at Police Station Ladwa, Kurukshetra. The notices in the aforementioned cases have been issued to the respondent-husband. It is further submitted that the applicant is a working lady, residing alongwith her minor daughter at Kurukshetra, which is approximately 200 Kms away from Jhajjar. Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent-husband from Family Court, Jhajjar to Family Court, Kurukshetra.

#4. On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant.

#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 the abovementioned three cases which are pending adjudication before the Court TA-1198-2025 (O&M) --3-- of learned Principal Judge, Family Court, Kurukshetra.

#7. As per the averments made in the present transfer application, the applicant-wife is a working lady and is residing with her minor daughter at Kurukshetra. Even, the father of the applicant is an old aged person and is a resident of Gurugram, who is unable to accompany her on each and every date of hearing from Gurugram to Kurukshetra and then to Jhajjar. Besides it, the applicant is also taking care of her minor daughter, namely, Lavanya, while staying at Kurukshetra.

#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.

#9. 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 under Section 13(1)(i-a) of the Hindu Marriage Act i.e. HMA-408/2025, titled “Aakash Sharma Vs. Rajni Sharma”, filed by the respondent-husband, stands transferred from the Family Court, Jhajjar, to the Court of competent jurisdiction at Family Court, Kurukshetra. The requisite record of the aforesaid case be sent by the Family Court, Jhajjar to the Court concerned.

#10. Pending miscellaneous application(s), if any, shall also stand disposed off.

03.07.2026 sonika (i) Whether speaking/reasoned: (HARKESH MANUJA) JUDGE Yes/ No (ii) Whether reportable: Yes/No