Naveen Thakran Vs Kavita — Matrimonial and Divorce | Punjab & Haryana HC (2025)

Naveen Thakran Vs Kavita — Matrimonial and Divorce | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Petition under Section 11 of the Hindu Marriage Act (DMC/115/2024, 'Kavita Vs. Naveen Thakran') transferred from the Family Court, Bhiwani to the Court of competent jurisdiction at Gurugram; record to be sent to the District and Sessions Judge, Gurugram, who shall assign it to the Court where the divorce petition (HMA/153/2023) is pending; parties to appear before the Court concerned within one month.

Issue for consideration

Whether the petition under Section 11 of the Hindu Marriage Act (DMC/115/2024, 'Kavita Vs. Naveen Thakran') pending before the Family Court, Bhiwani should be transferred to Gurugram, where the divorce petition under Section 13 of the Hindu Marriage Act (HMA/153/2023) between the same parties is already pending, so that both petitions may be decided by one Court.

Court's answer

The transfer application is allowed: the petition under Section 11 of the Hindu Marriage Act (DMC/115/2024, titled 'Kavita Vs. Naveen Thakran') stands transferred from the Family Court, Bhiwani to the Court of competent jurisdiction at Gurugram.

Ratio / Principle

The transfer was allowed in view of the statement of no objection made by counsel for the respondent/wife and because it was considered appropriate for the Section 11 petition and the divorce petition to be decided by one Court.

Key takeaways

The requisite record of DMC/115/2024 is to be sent by the Family Court, Bhiwani to the District and Sessions Judge, Gurugram.ratio¶20
The learned District and Sessions Judge, Gurugram shall assign the transferred petition to the Court where the divorce petition between the parties is already pending.ratio¶21
The parties are directed to appear before the Court concerned within a period of one month.

Detailed headnote1 paragraphs

Transfer application (consent) - Punjab & Haryana High Court allowed TA-171-2025 and ordered that the petition under Section 11 of the Hindu Marriage Act, DMC/115/2024, titled 'Kavita Vs. Naveen Thakran', pending before the Family Court, Bhiwani, stand transferred to the Court of competent jurisdiction at Gurugram, where the divorce petition under Section 13 of the Hindu Marriage Act, HMA/153/2023, titled 'Naveen Thakran Vs. Kavita Thakran', between the same parties is already pending. Counsel for the respondent/wife stated she had no objection to the transfer. Both matters are to be decided by one Court: the requisite record is to be sent by the Family Court, Bhiwani to the District and Sessions Judge, Gurugram, who shall assign the petition to the Court seized of the divorce petition; the parties are directed to appear before the Court concerned within one month. An earlier attempt by the respondent/wife to transfer the divorce petition (TA-439-2023) had been dismissed by this Court vide order dated 02.07.2025 (Annexure P-13).

TA-171-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.110

TA-171-2025 Date of Decision: 04.12.2025

NAVEEN THAKRAN

....Applicant

Versus

KAVITA

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. Anurag Jain, Mr. Aamol Singh and Ms. Chahat, Advocates for the applicant.

Mr. Sumit Sangwan, Advocate for the respondent.

ARCHANA PURI, J. (Oral)

At this stage, counsel for the respondent/wife has given a statement that the respondent has no objection, if the transfer application is accepted and the petition under Section 11 of the Hindu Marriage Act i.e. DMC/115/2024, titled ‘Kavita Vs. Naveen Thakran’ , is transferred from Family Court, Bhiwani, to the Court of competent jurisdiction at Gurugram, as the petition under Section 13 of the Hindu Marriage Act i.e. HMA/153/2023, titled ‘Naveen Thakran Vs. Kavita Thakran’ , is already pending in the Courts at Gurugram.

From perusal of the paperbook, it is evident that there is litigation pending between the parties. Earlier, divorce petition i.e. HMA/153/2023, which was pending before the Family Court, Gurugram, was sought to be transferred by the respondent/wife to the Courts at Sonu Bhiwani, by way of filing TA-439-2023 and the same was dismissed by this 2025.12.05 15:48 I attest to the accuracy and authenticity of this document

TA-171-2025

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Court, vide order dated 02.07.2025, copy whereof is Annexure P-13. As such, it is evident that the divorce petition is presently pending in the Family Court, Gurugram.

In view of the aforesaid fact situation and considering the subsequent petition filed under Section 11 of the Hindu Marriage Act, pending in the Courts at Bhiwani, while the divorce petition is already pending in the Courts at Gurugram, in view of the statement made by the counsel for the respondent/wife today and also considering it appropriate for the petition under Section 11 of the Hindu Marriage Act and the divorce petition, to be decided by one Court, the transfer application is allowed and the petition under Section 11 of the Hindu Marriage Act i.e. DMC/115/2024, titled ‘Kavita Vs. Naveen Thakran’, filed by the respondent-husband, stands transferred from the Family Court, Bhiwani, to the Court of competent jurisdiction at Gurugram. The requisite record of the aforesaid case be sent by the Family Court, Bhiwani, to the District and Sessions Judge, Gurugram.

Learned District and Sessions Judge, Gurugram, shall assign the said petition to the Court, where the divorce petition between the parties is already pending. Even, the parties are directed to appear before the Court concerned, within a period of one month from today onwards.

04.12.2025

Himanshu Vats

(ARCHANA PURI) JUDGE Whether speaking/reasoned : Yes Whether reportable : Yes/No

Sonu 2025.12.05 15:48 I attest to the accuracy and authenticity of this document