Pooja Rani Alias Neha Vs Neeraj Jagga

The ap p licant-wife, by way of prese n t application, seeks transfe r of petition bea r ing DMC/55/2025, titled “Neeraj Jagga vs. Pooja Rani” , filed under Sec t ion 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as “the Act”) at the instance of r e spondent-husband; from th e Court of learn e d Principal Judge, Family C ourt, Fazilka to the learne d Family Court, K apurthala.

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Briefly st a ting, the marriage between t he applicant and responden t was solemniz e d on 09.04.2021; on acc o unt of matrimonial discor d between the p a rties, the above mentioned petition under Section 13 o f the Act, came to be preferred at the inst a nce of respondent-husband. Thereupon, th e present application seekin g transfer thereof came to b e filed by the applicant-wife.

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Learned counsel for the applicant, i nter alia , contends that th e applicant-wife i s residing at her parental ho m e at Kapurthala. Accordingly, a prayer is ma d e for transfer of the above m entioned petition filed at th e instance of re s pondent-husband from Fa m ily Court, Fazilka to Famil y

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TEJWINDER SINGHCourt, Kapurth a la. 2026.07.23 16:58 I agree to specified portions of this document

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TA-223-2026

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2

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Despite service, no one has appeared on behalf of respondent.

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I have heard learned counsel for the applicant and gone through the paper-book.

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In the present case, admittedly, the applicant-wife has filed a petition under Section 12 of Protection of Women from Domestic Violence Act, 2005 bearing No.COMA/1823/2023, which is pending adjudication before the learned Family Court at Kapurthala. Moreover, the applicant-wife does not have any independent source of income.

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Furthermore, the Hon’ble Supreme Court in its decision rendered in “ Manjula Singh Chouhan Versus Vishal Singh Chouhan”, reported as 2019 (13) SCC 660 held that, in the interest of both the parties, all connected matrimonial proceedings should ordinarily be heard by the same Court and, accordingly, allowed the transfer application therein. Relevant paragraphs No. 3 to 5 thereof are reproduced hereunder:-

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“3. As per the submission of the appellant, two cases are already pending in Family Court, Bhopal, and it will be in the interests of both the parties to try all their cases in Bhopal. Learned counsel for the respondent however, submits that it will suit to the appellant only, therefore, transfer may not be permitted. The fact remains that the respondent has to travel to Bhopal for conduct of other cases pending in Family Court, Bhopal.

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4. We are of the view that it will be in the interests of both the parties that all their cases be heard together by the same Court.

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5. Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal.”

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Considering the aforesaid facts and circumstances, in the humble opinion of this Court, since a petition under Section 12 of Protection of Women from Domestic Violence Act, 2005 is pending adjudication at Kapurthala, therefore, it would be in the interest of both the parties that all their cases be heard together at the same place. Consequently the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act, 1955 i.e. DMC/55/2025, titled “Neeraj Jagga vs. TEJWINDER SINGH 2026.07.23 16:58 I agree to specified portions of this document

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TA-223-2026

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3

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Pooja Rani”, filed by the respondent-husband, stands transferred from the Court of learned Principal Judge, Family Court, Fazilka to the Court of competent jurisdiction at Kapurthala. The requisite record of the aforesaid case be sent by the learned Family Court, Fazilka to the Court concerned.

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Pending miscellaneous application(s), if any, shall also stand disposed of.

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21.07.2026

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Tejwinder

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(HARK J	ESH MANUJA) UDGE
Whether speaking/reasoned	Yes/No
Whether reportable	Yes/No

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TEJWINDER SINGH 2026.07.23 16:58 I agree to specified portions of this document

Pooja Rani Alias Neha v. Neeraj Jagga

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Pooja Rani Alias Neha v. Neeraj Jagga

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