Manita Vs Rajesh Kumar — Matrimonial and Divorce | Punjab & Haryana HC (2025)

Manita Vs Rajesh Kumar — Matrimonial and Divorce | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer of the divorce petition under Section 13 of the Hindu Marriage Act (HMA/848/2023, 'Rajesh Kumar Vs. Manita') from the Family Court, Jind to the Court of competent jurisdiction at Jhajjar, to be assigned by the District and Sessions Judge, Jhajjar to the Family Court, Jhajjar, with both parties directed to appear before the Family Court, Jhajjar within one month.

Issue for consideration

Whether the divorce petition under Section 13 of the Hindu Marriage Act (HMA/848/2023, 'Rajesh Kumar Vs. Manita') filed by the respondent-husband and pending in the Family Court, Jind should be transferred to the Court of competent jurisdiction at Jhajjar in view of the applicant-wife's convenience.

Court's answer

Considering the position of law giving preference to the convenience of the wife in transfer applications relating to matrimonial disputes, and particularly that the applicant is taking care of the minor son, has no source of earning, and her maintenance petition is already pending in the Courts at Jhajjar, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act (HMA/848/2023, 'Rajesh Kumar Vs. Manita') stands transferred from the Family Court, Jind to the Court of competent jurisdiction at Jhajjar.

Ratio / Principle

The requisite record of the transferred case (HMA/848/2023) is to be sent by the Family Court, Jind to the District and Sessions Judge, Jhajjar.

Key takeaways

The learned District and Sessions Judge, Jhajjar shall assign the said petition to the Family Court, Jhajjar.ratio¶29
Both parties are directed to appear before the Family Court, Jhajjar within a period of one month.ratio¶29

Detailed headnote1 paragraphs

Transfer Application TA-611-2024 (Manita v. Rajesh Kumar), High Court of Punjab and Haryana at Chandigarh, decided orally by Hon'ble Mrs. Justice Archana Puri on 04.03.2025: ALLOWED. The applicant-wife sought transfer of the divorce petition under Section 13 of the Hindu Marriage Act (HMA/848/2023, 'Rajesh Kumar Vs. Manita') filed by the respondent-husband, pending in the Family Court, Jind, to the Court of competent jurisdiction at Jhajjar. Applying the position of law that preference is to be given to the convenience of the wife in transfer applications arising from matrimonial disputes, and noting that the applicant is taking care of the couple's about 2-year-old son, has no source of earning, is dependent on her parental family, faces a commute of about 100 kilometres to Jind, and already has her maintenance petition (MNT/95/2024) pending at Jhajjar at appearance stage, the Court allowed the transfer. The Family Court, Jind is to send the requisite record to the District and Sessions Judge, Jhajjar, who shall assign the petition to the Family Court, Jhajjar; both parties are directed to appear before the Family Court, Jhajjar within one month. The respondent appeared through counsel and contested the application but chose not to file a reply.

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TA-611-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.109

TA-611-2024 Date of Decision: 04.03.2025

MANITA

....Applicant

Versus

RAJESH KUMAR

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. Gurasis Singh, Advocate for the applicant.

Mr. Nikhil Sharma, Advocate for the respondent.

ARCHANA PURI, J. (Oral)

The applicant-wife has filed the present application for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. HMA/848/2023, titled ‘Rajesh Kumar Vs. Manita’, filed by the respondenthusband, pending in the Family Court, Jind and she seeks transfer of the same to the Court of competent jurisdiction at Jhajjar.

In pursuance of the notice issued, respondent made appearance through counsel. The counsel for the respondent submits that he does not intend to file reply to the transfer application, though he contests the same. Learned counsel for the parties heard.

It is submitted by the counsel for the applicant that the marriage

Sonu 2025.03.04 16:06 I agree to specified portions of this document P&HHC

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TA-611-2024

between the parties to the lis, had taken place on 12.02.2023. One son born from the said wedlock, who is about 2 years old, is in the care and custody of the applicant. On account of the matrimonial discord, the parties are residing separate. The applicant is residing with her parents. She has no source of earning and as such, is totally dependent upon her parental family. Moreover, she has filed the petition for seeking maintenance i.e. MNT/95/2024, which is pending in the Courts at Jhajjar, at appearance stage. Considering the same, it is submitted that it is difficult for the applicant to commute a distance of about 100 kilometres, to defend the divorce petition.

On the other hand, the counsel for the respondent submits that it shall be inconvenient for the respondent also, to pursue the divorce petition, if so transferred.

In view of the aforesaid fact situation, considering the position of law about preference to be given to the convenience of the wife in the transfer applications relating to the matrimonial dispute, more particularly, considering the applicant to be taking care of the minor son and having no source of earning and also keeping in view the fact about the maintenance petition to be already pending in the Courts at Jhajjar, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/848/2023, titled ‘Rajesh Kumar Vs. Manita’, filed by the respondent-husband, stands transferred from the Family Court, Jind, to the Court of competent jurisdiction at Jhajjar. The requisite record of the aforesaid case be sent by the Family Court, Jind, to the District and Sessions

Judge, Jhajjar.

Sonu 2025.03.04 16:06 I agree to specified portions of this document P&HHC

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TA-611-2024

Learned District and Sessions Judge, Jhajjar, shall assign the said petition to the Family Court, Jhajjar. Even, the parties are directed to appear before the Family Court, Jhajjar, within a period of one month from today onwards.

04.03.2025

(ARCHANA PURI) JUDGE

Himanshu

Whether speaking/reasoned : Yes Whether reportable : Yes/No

Sonu 2025.03.04 16:06 I agree to specified portions of this document P&HHC