Aarti Vs Satish

[2]. Th e applicant-wife, by way of pr e sent application, seeks transfe r of case bearing DMC No. 720 of 2025 , titled “ Satish Vs. Aarti” , filed under Sec t ion 13- of the Hi n du Marriage Act, 1955 ( hereinafter to be referred as “divorce petition” ) at t h e instance of respondent-hus b and; from the Court of lear n ed Principal Judg e , Family Court, Sonipat to the learned Court of compe t ent jurisdiction at A mbala.

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[3]. Br i efly stating, the marriage bet w een the applicant and respon d ent was solemnize d on 26.05.2021 as per Hindu ri t es and ceremonies. On accoun t of matrimonial di s cord between the parties, the above mentioned divorce peti t ion came to be pref e rred at the instance of respond e nt-husband. Thereupon, the pre s ent application see k ing its transfer came to be filed b y the applicant-wife. [4]. Le a rned counsel for the applic a nt, inter alia, contends that the applicant-wife h as also filed maintenance appli c ation bearing MNT No.32 of 2 0 22

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MOHMED ATIK 2026.07.08 11:40 I attest to the accuracy and authenticity of this order/judgment

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TA No.1597 of 2025

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before the Co u rt of learned Principal Judge, Family Court, Ambala, whic h is pending for adj u dication. It is further submitted that the applicant is residing in her parental home a t Dudla Mandi, Ambala Cant t , District Ambala. Accordingl y , a prayer is made for transfer of the above men t ioned divorce petition filed at the instance of res p ondent-husband from the lear n ed Principal Judge, Family Court, Sonipat to the l e arned Court of competent juris d iction at Ambala.

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[5]. On the other hand, learned coun s el for the respondent veheme n tly opposes the pra y er made on behalf of the applic a nt. [6]. I h ave heard learned counsel for the parties and gone through the paper-book.

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[7]. In t he present case, admittedly, th e applicant-wife has filed the M NT No.32 of 202 2 under Section 125 Cr.P.C. , seeking maintenance from the respondent-hus b and before the Court of learn e d Principal Judge, Family Court, Ambala, in w h ich arguments have been hea r d on the application for inte r im maintenance.

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[8]. As per the averments made in t h e present transfer application, the applicant-wife i s residing with her parents a n d has no independent source of income. The ap p licant is facing great difficulty i n bearing the litigation charges a nd travelling expe n ses in prosecuting the said cas e as there is a distance of about 1 60 Kilometers app r oximately between Sonipat and Ambala and for the financials, she is totally depen d ent upon her parents.

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[9]. Fu r thermore, the Hon’ble Suprem e Court in its decision rendere d in Manjula Singh Chouhan Versus Vishal Singh Chouhan, reported as “ 2019 (13) SCC 660” hel d that, in the interest of both th e parties, all connected matrimo n ial

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MOHMED ATIK 2026.07.08 11:40 I attest to the accuracy and authenticity of this order/judgment

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TA No.1597 of 2025

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proceedings sh o uld ordinarily be heard by t he same Court and, accordin g ly, allowed the tr a nsfer application therein. Re l evant paragraph nos.3 to 5 are extracted hereu n der:-

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“3. As per the submission of t h e appellant, two cases are alr e ady pe n ding in Family Court, Bhopal, an d it will be in the interests of bot h the pa rt ies to try all their cases in Bhop a l. Learned counsel for the respon d ent ho w ever, submits that it will suit to the appellant only, therefore, tra n sfer m ay not be permitted. The fact rema i ns that the respondent has to trav e l to B ho pal for conduct of other cases pe n ding in Family Court, Bhopal. 4. We are of the view that it wil l be in the interests of both the pa r ties th at all their cases be heard together by the same Court. 5. Therefore, H.M.A. Case No.71/2016 is transferred from Fa m ily Co u rt, Indore to the Family Court, B h opal.”

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[10]. Co n sidering the aforesaid facts a nd circumstances, in the hu m ble opinion of this Court, it would be in the inter e st of both the parties that all t h eir cases be heard t o gether by the same Court. Con s equently the transfer applicatio n is allowed and th e divorce petition under Section 13 of the Hindu Marriage Act i.e. DMC/720/2025 , titled “Satish Vs. Aarti” , filed by the respondent-husband, sta n ds transferred fro m the learned Principal Judge, F a mily Court, Sonipat to the Court of learned Principal Judge, Family Court, Am b ala. The requisite record of the aforesaid case be sent by the learned Family Co u rt, Sonipat to the Court concer n ed. [11]. Pe n ding miscellaneous application ( s), if any, shall also stand disposed of.

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(HARKESH MANUJA) July 07, 2026 JUDGE Atik W h ether speaking/reasoned Ye s /No W h ether reportable Ye s /No

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MOHMED ATIK 2026.07.08 11:40 I attest to the accuracy and authenticity of this order/judgment

Aarti v. Satish

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Aarti v. Satish

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