Allowed

Jyoti v. Mohit Mann

Punjab & Haryana HC13 Jul 2026TA/197/2026

Case brief

AI extract

What is this about?

Wife sought transfer of husband's divorce petition from Faridabad to Mahendergarh, where she resides with their son and a maintenance application under Section 144 BNSS is pending. Relying on Manjula Singh Chouhan, the Court held connected matrimonial cases should be heard together and allowed the transfer.

What did the court decide?

Divorce petition HMA-5234-2025 transferred from Principal Judge, Family Court, Faridabad to Principal Judge, Family Court, Mahendergarh.

Jyoti Vs Mohit Mann — Maintenance and Alimony | Punjab & Haryana HC (2026)

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TA No.197 of 2026 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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214

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T ransfer Application No.197 of 2026 (O&M) Date of Decision: 13.07.2026 JYOTI ......Applicant Vs

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MOHIT MANN

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…..Respondent(s)

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CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

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Present: Mr. Vijender Singh Rana, Advocat e for the applicant.

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No n e for the respondent. ****

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HARKESH MANUJA, J. (Oral)

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Th e applicant-wife, by way of pr e sent application, seeks transfe r of case bearing HMA-5234-2025 , titled “ Mohit Mann vs. Jyoti” , filed under Sec t ion 13(1)(ia)(ib) o f the Hindu Marriage Act, 1 9 55 ( hereinafter to be referred as “divorce petition” ) at the instance of respo n dent-husband; from the Court of learned Princip a l Judge, Family Court, Farida b ad to the learned Principal Ju d ge, Family Court, M ahendergah.

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Br i efly stating, the marriage bet w een the applicant and respon d ent was solemnize d on 03.12.2017; out of thei r wedlock, a male child nam e ly, Karteek, was b o rn on 28.12.2019; on account o f matrimonial discord between the parties, the abo v e mentioned divorce petition came to be preferred at the instance of respondent-h u sband. Thereupon, the present application seeking transfer the r eof came to be file d by the applicant-wife.

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Le a rned counsel for the applica n t states that the applicant-wif e is residing along w ith her son at Mahendergarh . Accordingly, a prayer is made for transfer of the a b ove mentioned divorce petitio n filed at the instance of respond e nt-

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MOHMED ATIK 2026.07.16 09:50 I attest to the accuracy and authenticity of this order/judgment

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TA No.197 of 2026 (O&M)

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husband from t h e Court of learned Principal Ju d ge, Family Court, Faridabad to the learned Princip a l Judge, Family Court, Mahend e rgah.

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De s pite, service no one has ch o sen to appear on behalf of the respondent.

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I h a ve heard learned counsel for t he applicant and gone through the

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paper-book.

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In the present case, admittedly, the applicant-wife has filed an application un d er Section 144 of BNSS for grant of maintenance against the respondent, which is pending adjudication b e fore the learned Principal Ju d ge, Family Court, M ahendergarh.

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As per the averments made in t h e present transfer application, the applicant-wife is residing along with her s o n at Mahendergarh and has no independent so u rce of income. The applicant is facing great difficulty in bea r ing the litigation charges and travelling expenses i n pursuing the said case and for the financials, she i s totally dependent upon her par e nts.

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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 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.

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MOHMED ATIK 2026.07.16 09:50 I attest to the accuracy and authenticity of this order/judgment

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TA No.197 of 2026 (O&M)

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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.

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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.” 9. Co n sidering the aforesaid facts a nd circumstances, in the hu m ble opinion of this Court, since an application un d er Section 144 of BNSS, 2023 for grant of interim maintenance is pending adjudication at Mahendergarh, therefor e , it would be in the interest of both the parties that all their cases be heard together at the same place. Consequently the transfer app l ication is allowed and the div o rce petition under S ection 13(1)(ia)(ib) of the Hi n du Marriage Act i.e. HMA-52342025 titled “ Mohit Mann vs. Jyoti” , filed by the respondent-husband, sta n ds transferred fro m the Court of learned Principal Judge, Family Court, Faridaba d to the learned Pri n cipal Judge, Family Court, Ma h endergah. The requisite recor d of the aforesaid c a se be sent by the learned Fa m ily Court, Faridabad to the C o urt concerned.

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Re s pondent shall be at liberty to fi l e an appropriate application wi t hin four weeks fro m today, in case any incorrect fa c t is placed before this Court. 11. Pe n ding miscellaneous application ( s), if any, shall also stand disposed of.

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(HARKESH MANUJA) July 13, 2026 JUDGE Atik W h ether speaking/reasoned Ye s /No W h ether reportable Ye s /No

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MOHMED ATIK 2026.07.16 09:50 I attest to the accuracy and authenticity of this order/judgment

Jyoti v. Mohit Mann

Case brief

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Jyoti v. Mohit Mann

Case brief

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