Neetika Devi Vs Harish Chander

At the very outset, learned counse l for the applicant submits that d ue to typographic a l error in para no.2, it has b e en mentioned that his is sec o nd marriage of the applicant, whereas factually it i s first marriage of the applicant. 2. Le a rned counsel for the responden t is unable to deny the same. 3. In s uch circumstances, learned co u nsel for the applicant is permi t ted to carry out t h e necessary correction in the paper book under his signatu r es. Registry to re-s c an the paper book and upload t h e same on DMS.

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Th e applicant-wife, by way of pr e sent application, seeks transfe r of case bearing HMA/295/2025 , dated 02.07.2025 titled “ Harish Chander Vs. Neetika Devi” , filed un d er Section 13 of the Hindu M a rriage Act, 1955 ( hereinafter to be referred as “divorce petition” ) at the instanc e of respondent-husband; from the Court of learn e d Additional Principal Judge, Family Court, Gurdaspur, C a mp Court at Batat a , Gurdaspur to the learned F a mily Court at Mukerian, Dis t rict Hoshiarpur.

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5. Br i efly stating, the marriage bet w een the applicant and respon d ent was solemnize d on 10.10.2023 as per Hindu ri t es and ceremonies. On accoun t of

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MOHMED ATIK 2026.07.15 11:29 I attest to the accuracy and authenticity of this order/judgment

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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 transfer thereof came to be f iled by the applicant-wife. 6. Le a rned counsel for the applic a nt, inter alia, contends that the applicant-wife h as also filed case No.COMA / 24/2025 under Section 12 of the Domestic Viol e nce Act, against the responden t before the learned Court of SubDivisional Judi c ial Magistrate, Mukerian, whi c h is pending for appearance of the respondent. T h e applicant is residing at Mukerian District Hoshiar p ur. Accordingly, a p rayer is made for transfer of th e above mentioned divorce peti t ion filed at the inst a nce of respondent-husband fr o m the Court of learned Additi o nal Principal Judge , Family Court, Gurdaspur, Ca m p Court at Batata, Gurdaspur to the learned Family C ourt at Mukerian, District Hos h iarpur.

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7. 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. 8. I h ave heard learned counsel for the parties and gone through the paper-book.

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9 . In the present case, admittedly, t he applicant-wife has filed ab o ve mentioned peti t ion under Section 12 of the D omestic Violence Act, against the respondent wh i ch is pending adjudication b e fore the learned Court of SubDivisional Judi c ial Magistrate, Mukerian. 10. As per the averments made in t h e present transfer application, the applicant-wife i s working as a Teacher in MPR D Govt. College, Talwara. 11. 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 2026.07.15 11:29 I attest to the accuracy and authenticity of this order/judgment

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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.

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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.”

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Co n sidering the aforesaid facts a nd circumstances, in the hu m ble opinion of this Court, since the petition beari n g case No.COMA/24/2025 u n der Section 12 of t he Domestic Violence Act is p ending at Mukerian, 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 of the Hindu Marriage Act i.e. HMA/295/2025 ti t led “Harish Chander Vs. Neetika Devi , filed b y the respondent-husband, stands transferred fro m the Court of learned Additio n al Principal Judge, Family Court, Gurdaspur, Ca m p Court at Batata, Gurdaspu r to the learned Family Cour t at Mukerian, Dist r ict Hoshiarpur. The requisite r e cord of the aforesaid case be s ent by the learned F amily Court, Batala to the Cour t concerned. 13. Pe n ding miscellaneous application ( s), if any, shall also stand dispo s ed of.

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(HARKESH MANUJA) July 10, 2026 JUDGE Atik

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Wh e ther speaking/reasoned Yes/No Wh e ther reportable Yes/No

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MOHMED ATIK 2026.07.15 11:29 I attest to the accuracy and authenticity of this order/judgment

Neetika Devi v. Harish Chander

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Neetika Devi v. Harish Chander

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