HARYANA AT CHANDIGARH 2025 (O&M) TA-1633-2025 (O&M) Date of Decision: July 06 v. Kusam Devi bearing HMA No. 891 of 2024

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Mrinal Kaushik, Advocate for the petitioner. Mr. Mrinal Kaushik, Advocate for the petitioner. Mr. Mrinal Kaushik, Advocate for the petitioner. **** HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, [1] The petitioner-wife, by way of present application, seeks transfer of The petitioner wife, by way of present application, seeks transfer of case bearing HMA No. 891 of 2024, titled “Amit Kumar Vs. Kusam Devi bearing HMA No. 891 of 2024, ”, filed Amit Kumar Vs. Kusam Devi”, filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as husband; from the Court of “divorce petition”) at the instance of respondent-husband; from the Court of “divorce petition”) at the instance of respondent “divorce petition”) at the instance of respondent ed Principal Judge, Family Court, Kurukshetra to the Court of learned learned Principal Judge, Family Court, Kurukshetra to the Court of learned ed Principal Judge, Family Court, Kurukshetra to the Court of learned ed Principal Judge, Family Court, Kurukshetra to the Court of learned Principal Judge, Family Court, Naraingarh. Principal Judge, Family Court, Naraingarh. Briefly stating, the marriage between the petitioner and respondent was [2] Briefly stating, the marriage between the petitioner and respondent was Briefly stating, the marriage between the petitioner and respondent was Briefly stating, the marriage between the petitioner and respondent was n the solemnized on 20.01.2023; on account of matrimonial discord between the solemnized on 20.01.2023; on account of matrimonial discord betwee solemnized on 20.01.2023; on account of matrimonial discord betwee parties, the above mentioned divorce petition came to be preferred at the parties, the above mentioned divorce petition came to be preferred at the parties, the above mentioned divorce petition came to be preferred at the parties, the above mentioned divorce petition came to be preferred at the husband. Thereafter, the present application seeking instance of respondent-husband. Thereafter, the present application seeking husband. Thereafter, the present application seeking instance of respondent wife. its transfer came to be filed by the petitioner-wife. its transfer came to be filed by the petitioner [3] Learned counsel for the petitioner, inte - r alia, contends that the petitioner- Learned counsel for the petitioner, inter alia, contends that the petitioner wife has also filed a petition under Sections 17, 18, 19, 20 and 22 of the wife has also filed a petition under Sections 17, 18, 19, 20 and 22 of the wife has also filed a petition under Sections 17, 18, 19, 20 and 22 of the wife has also filed a petition under Sections 17, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 before the learned Protection of Women from Domestic Violence Act, 2005 before the learned Protection of Women from Domestic Violence Act, 2005 before the learned Protection of Women from Domestic Violence Act, 2005 before the learned Sub Divisional Judicial Magistrate, Naraingarh besides one FIR bearing Sub Divisional Judicial Magistrate, Naraingarh besides one FIR bearing Sub Divisional Judicial Magistrate, Naraingarh besides one FIR bearing Sub Divisional Judicial Magistrate, Naraingarh besides one FIR bearing A, 506 o.368 dated 25.11.2024 registered under Sections 354, 406, 498-A, 506 o.368 dated 25.11.2024 registered under Sections 354, 406, 498 No.368 dated 25.11.2024 registered under Sections 354, 406, 498 read with Section 34 IPC at Police Station Naraingarh, District Ambala. It is read with Section 34 IPC at Police Station Naraingarh, District Ambala. It is read with Section 34 IPC at Police Station Naraingarh, District Ambala. It is read with Section 34 IPC at Police Station Naraingarh, District Ambala. It is further submitted that the petitioner is residing at her parental home at further submitted that the petitioner is residing at her parental home at further submitted that the petitioner is residing at her parental home at further submitted that the petitioner is residing at her parental home at r is made for transfer of the above mentioned Naraingarh. Accordingly, a prayer is made for transfer of the above mentioned r is made for transfer of the above mentioned Naraingarh. Accordingly, a praye husband from Family Court, divorce petition filed at the instance of respondent-husband from Family Court, divorce petition filed at the instance of respondent divorce petition filed at the instance of respondent Kurukshetra to Family Court, Naraingarh. Kurukshetra to Family Court, Naraingarh. ex parte Respondent in the present case has been proceeded against ex parte Respondent in the present case has been proceeded against [4] Respondent in the present case has been proceeded against d 26.02.2026. vide order dated 26.02.2026. [5] I have heard learned counsel for the petitioner I have heard learned counsel for the and gone through the petitioner and gone through the paper-book. 2 TA-1633-2025 (O&M) [6] In the present case, admittedly, the petitioner-wife has filed a petition under Sections 17, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 before the learned Sub Divisional Judicial Magistrate, Naraingarh besides one FIR bearing No.368 dated 25.11.2024 registered under Sections 354, 406, 498-A, 506 read with Section 34 IPC at Police Station Naraingarh, District Ambala [7] As per the averments made in the present transfer application, the distance between Kurukshetra and Naraingarh is approximately 70 kilometres and there is not direct bus/train service connecting both the towns. [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 of the Hindu Marriage Act i.e. HMA/891/2024, titled “Amit Kumar Vs. Kusam Devi”, filed by the respondent-husband, stands transferred from the Family Court, Kurukshetra to the Court of competent jurisdiction at Family Court, Naraingarh. The requisite record of the aforesaid case be sent by the Family Court, Kurukshetra to the Court concerned. [10] Pending miscellaneous application(s), if any, shall also stand disposed of.

06.07.2026 Tejwinder (HARKESH MANUJA) JUDGE Whether speaking/reasoned Whether reportable Yes/No Yes/No