Anju Vs Rajan and Another

[1]. Th e applicant-wife, by way of pr e sent application, seeks transfe r of case bearing DMC/620/2025 , dated 21.05.2025, titled “ Rajan Vs. Anju and Anr. ” , filed under Section 13(1)(i)(ia)(ib) of the Hind u Marriage Act, 1955 ( hereinafter to be referred as “divorce petition” ) at the instan c e of respondent-husband; from the Court of learn e d Principal Judge, Family Co u rt, Hisar to the Court of lear n ed Principal Judge, Family Court, Panipat.

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[2]. Br i efly stating, the marriage bet w een the applicant and respon d ent was solemnized on 28.04.1999; out of their we d lock, two children namely May a nk Deswal and Ka r an Deswal were born; on acco u nt of matrimonial discord between the parties, the above mentioned divorce pet i tion came to be preferred at the instance of re s pondent-husband. Thereupon, the present application see k ing transfer thereof came to be filed by the applican t -wife. [3]. Le a rned counsel for the applic a nt, inter alia, contends that the maintenance ap p lication bearing MNT No. 141 of 2021 filed by the applicant- w ife was allowed and now execution is pending be f ore the Court of learned Princ i pal MOHMED ATIK 2026.07.14 14:30 I attest to the accuracy and authenticity of this order/judgment

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TA No.213 of 2026

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Judge, Family C ourt, Panipat. It is further subm i tted that the applicant is residin g at Panipat. Accor d ingly, a prayer is made for tran s fer of the above mentioned div o rce petition filed a t the instance of respondent-h u sband from the Court of lear n ed Principal Judg e , Family Court, Hisar to the Court of learned Principal Ju d ge, Family Court, Panipat.

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[4]. 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.

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[5]. I h ave heard learned counsel for the parties and gone through the paper-book.

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[6]. In the present case, admittedly, the applicant-wife has filed the following case s which are pending adjudica t ion before the Court of lear n ed Principal Judge, Family Court, Panipat:-

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(1) Execution Petition bearing C R M-335/2025 for making remai n ing pa y ment of interim maintenance g r anted vide order dated 02.12.2025 passed by the learned Family Court. (2) Complaint case bearing COM A -208/2025 arising out of FIR N o .41 dat e d 14.07.2017.

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[7]. As per the averments made in t h e present transfer application, the applicant-wife i s residing at Panipat and is no t working and has no indepen d ent source of inco m e.

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[8]. 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,

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MOHMED ATIK 2026.07.14 14:30 I attest to the accuracy and authenticity of this order/judgment

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TA No.213 of 2026

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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 the ap p ellant, two cases are already pendi ng in Fa m ily Court, Bhopal, and it will be in t he interests of both the parties to tr y all the i r cases in Bhopal. Learned counsel fo r the respondent however, submits t h at it wi ll suit to the appellant only, therefore , transfer may not be permitted. The fact re m ains that the respondent has to tra ve l to Bhopal for conduct of other ca ses pe n ding in Family Court, Bhopal.

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We are of the view that it will b e in the interests of both the parties th a t all the i r cases be heard together by the sam e Court. 5. Therefore, H.M.A. Case No.71 /2 016 is transferred from Family C o urt, In do re to the Family Court, Bhopal.”

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[9]. Co n sidering the aforesaid facts a nd circumstances, in the hu m ble opinion of this C ourt, since two cases i.e. exec u tion petition for making remai n ing payment of int e rim maintenance as well as a c o mplaint arising out of FIR No . 41, are pending adj u dication at Panipat, therefore, it would be in the interest of b oth the parties that a ll their cases be heard together a t the same place. Consequently the transfer application is allowed and the divorce petition under Sec t ion 13(1)(i)(ia)(ib) o f the Hindu Marriage Act i.e. DMC/620/2025 , titled “Rajan Vs. Anju and anr.” , filed by the respondent-husban d , stands transferred from the C o urt of learned Prin c ipal Judge, Family Court, His a r to the Court of learned Princ i pal Judge, Family C ourt, Panipat. The requisite rec o rd of the aforesaid case be sen t by the learned Fa m ily Court, Hisar to the Court co n cerned. [10]. Pe n ding miscellaneous application ( s), if any, shall also stand disposed of.

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(HARKESH MANUJA) July 09, 2026 JUDGE Atik

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W h ether speaking/reasoned Ye s /No W h ether reportable Ye s /No

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MOHMED ATIK 2026.07.14 14:30 I attest to the accuracy and authenticity of this order/judgment

Anju v. Rajan and Another

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