RENU DEVI v. SHANTTI RAM & Anr.

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Shivam Chaudhary, Advocate for the Mr. Advocate for the applicant. None for the respondents. None for HARKESH MANUJA, J. (ORAL) HARKESH MANUJA ****

The applicant wife, by way of present application, seeks transfer The applicant-wife, by way of present application, seeks transfer wife, by way of present application, seeks transfer of petition bearing HMA/ petition bearing HMA/58/2025, titled “Shantti Ram VS. Ren Devi Shantti Ram VS. Renu Devi and Anr.”, filed under Section , filed under Section 13 of the Hindu Marriage Act, 1955 of the Hindu Marriage Act, 1955 - at the instance of respondent- (hereinafter to be referred as “the Act”) at the instance of respondent (hereinafter to be referred as “the Act”) mily Court, husband; from the Court of learned Principal Judge, Family Court, husband; from the Court of learned Principal Judge, Fa husband; from the Court of learned Principal Judge, Fa Yamuna Nagar, Camp Court at Bilaspur Yamuna Nagar, Camp Court at Bilaspur learned Principal Judge, to learned Principal Judge, Family Court, Kurukshetra. Family Court, Kurukshetra. Briefly stating, the marriage between the applicant and respondent 2. Briefly stating, the marriage between the applicant and respondent Briefly stating, the marriage between the applicant and respondent Briefly stating, the marriage between the applicant and respondent ; out of their wedlock, a female child was solemnized on 27.11.2020; out of their wedlock, a female child ; out of their wedlock, a female child was solemnized on namely, Himani was born; on account of matrimonial discord between the Himani was born; on account of matrimonial discord between the was born; on account of matrimonial discord between the of the Act, came parties, the above mentioned petition under Section 13 of the Act, came parties, the above mentioned petition under Section parties, the above mentioned petition under Section husband. Thereupon, the to be preferred at the instance of respondent-husband. Thereupon, the to be preferred at the instance of respondent to be preferred at the instance of respondent o be filed by the present application seeking transfer thereof came to be filed by the present application seeking transfer thereof came t present application seeking transfer thereof came t applicant-wife.

Learned counsel for the applicant, inter alia Learned counsel for the applicant, , contends that the inter alia, contends that the 2 TA-1528-2025 applicant-wife is residing along with her daughter at her parental home at Kurukshetra. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of respondent-husband from Family Court, Yamuna Nagar to Family Court, Kurukshetra.

As per report of learned District and Sessions Judge, Yamuna Nagar, counsel representing the respondents before the learned Family Court, Yamuna Nagar has been informed about the pendency of the present case, however, no one has chosen to appear on their behalf.

I have heard learned counsel for the applicant and gone through the paper-book.

In the present case, admittedly, the applicant-wife has got registered an FIR bearing No.21 dated 13.06.2025 against respondent under Sections 498-A, 323, 406 and 506 of IPC at Women Police Station, Kurukshetra and pursuant thereto challan has also been presented. Besides it, the applicant has no independent source of income and is also taking care of her minor daughter, namely, Himani.

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 paragraphs No. 3 to 5 thereof are reproduced hereunder:- As per the submission of the appellant, two cases are already “3. 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.

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. 3 TA-1528-2025

5. Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal.”

Considering the aforesaid facts and circumstances, in the humble opinion of this Court, FIR No.21 dated 13.06.2025, registered under Sections 498-A, 323, 406 and 506 of IPC is pending against the respondent before the Competent Court at Kurukshetra, therefore, it would be in the interest of justice that the present transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act, 1955 i.e. HMA/58/2025, titled “Shantti Ram VS. Renu Devi and Anr.””, filed by the respondent-husband, stands transferred from the Court of learned Principal Judge, Family Court, Yamuna Nagar, Camp Court at Bilaspur to the Court of competent jurisdiction at Kurukshetra. The requisite record of the aforesaid case be sent by the learned Family Court, Yamuna Nagar, Camp Court at Bilaspur to the Court concerned.

Pending miscellaneous application(s), if any, shall also stand disposed of.

20.07.2026 Tejwinder (HARKESH MANUJA) JUDGE Whether speaking/reasoned Whether reportable Yes/No Yes/No