Sangeeta Vs Ankur

Th e applicant-wife, by way of p resent case, seeks transfe r of divorce petitio n bearing no. HMA-669/2025 , titled “ Ankur Vs. Sangeeta” , filed under Se c tion 13 (1) (ia) of the Hindu M arriage Act, 1955 ( hereinafter to be referred as “ divorce petition ” ) a t the instance of respond e nthusband; fro m the Court of learned Princi p al Judge, Family Court, Jhajjar Camp at Bahadurgarh to the Court of comp e tent jurisdiction at Rohtak. [2] Briefly stating, the marriage between the petitioner a nd respondent w a s solemnized on 31.03.201 6 ; out of their wedlock, two girl child namely, Anvi and Tanvi, were born o n 11.03.2017 and 30.03.2020, respectively; o n account of matrimonial discord between the parties, the above mentio n ed divorce petition came to be preferred at the instanc e of

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SANJAY GUPTA 2026.07.17 16:42 I attest to the accuracy and integrity of this document

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respondent-husband. Thereupon, the pres e nt application seeking tran s fer thereof came to be filed by the applicant-wi f e.

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[3] Le a rned counsel for the applic a nt, inter alia , contends that the applicant-wife is residing alongwith her two minor daughters at her pare n tal home. Accor d ingly, a prayer is made for t ransfer of the above mentio n ed divorce petitio n filed at the instance of respondent-husband from Cour t of learned Princi p al Judge, Family Court, Jhaj j ar Camp at Bahadurgarh to the Court of comp e tent jurisdiction at Rohtak. [4] O n the other hand, learned counsel for the respondent vehemently o p poses the prayer made on b e half of the applicant. [5] I h a ve heard learned counsel f o r the parties and gone thro u gh the paper-boo k . [6] In the present case, admittedly, the applicant-wife has filed MNT No.125/ 4 08/2025 under Section 14 4 BNSS, seeking maintena n ce from the resp o ndent-husband before the C ourt of learned Principal Judge, Family Court, Karnal, in which case is at t he stage of petitioner evide n ce and petition b earing No. GW/17/2028 un d er Guardians and Wards A ct, 1890; whereb y written statement is to be s u bmitted.

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[7] As per the averments made in t he present transfer application, the applicant- w ife is residing with her parents and has no independent source of inco m e. [8] Fu r thermore, the Hon’ble Supreme Court in the case of Manjula Singh Chouhan Versus Vishal Singh Chouhan , reported as “ 2019 (13) SCC 660” held that in the i nterest of both the parties, all connected ma t rimonial proceedings should ordinarily be heard by the same

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Court and ac c ordingly, allowed the transf e r application therein. Relevant paragraphs N o .3 to 5 thereof are extracted hereunder:-

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“3. As per the submission of the appellant, two cases ar e already pending in Family C ourt, Bhopal, and it will be in th e interests of both the parties to try all their cases in Bhopa l . Learned counsel for the res p ondent however, submits that i t will suit to the appellant onl y , therefore, transfer may not b e permitted. The fact remai n s that the respondent has t o travel to Bhopal for cond u ct of other cases pending i n Family Court, Bhopal.

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4. We are of the view that it wi ll be in the interests of both th e parties that all their cases b e heard together by the sam e Court.

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5. Therefore, H.M.A. Case N o.71/2016 is transferred fro m Family Court, Indore to the F amily Court, Bhopal.”

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[9] Considering the aforesaid fa c ts and circumstances, in the humble opinion of this Court, since two p e titions i.e. maintenance peti t ion under Section 144 BNSS as well as petitio n under Guardian and Wards A ct is pending adjudication at Rohtak, therefo r e, it would be in the interes t of both the parties that all their cases be hear d together by the same Court. [10] Consequently, the transfer a p plication is allowed and t he divorce petition under Section 13 (1) (ia) of the Hindu Marriage Act i.e. HMA/669/2025 , titled “Ankur Vs. Sangeeta” , filed by the respond e nthusband, sta n ds transferred from the learned Principal Judge, Fa m ily Court, Jhajjar Camp at Bahadurgarh to th e Court of competent jurisdic t ion at Rohtak. Th e requisite record of the afor e said case be sent by the C o urt of learned Pri n cipal Judge, Family Court, J hajjar Camp at Bahadurgar h to the Court con c erned at Rohtak.