Allowed

Deepika v. Deepak Kankar

Punjab & Haryana HC16 Jul 2026TA/521/2026

Case brief

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What is this about?

The petitioner-wife sought transfer of her husband's divorce petition from Hisar to Bhiwani, citing residence, employment, safety concerns, and pending litigation in Bhiwani. The Court, relying on Supreme Court precedent regarding the interest of parties in having connected proceedings heard together, allowed the transfer application.

What did the court decide?

Transfer of petition DMC/369/2025 from Family Court, Hisar to Family Court, Bhiwani.

Deepika Vs Deepak Kankar — Matrimonial and Divorce | Punjab & Haryana HC (2026)

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204

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Transfer Application No. 521 of 2026 (O&M) Date of Decision: 16.07.2026

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Deepika

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.......... Petitioner

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Versus

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Deepak Kankar

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.......... Respondent

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CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

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Present: Mr. Rajesh Kumar Dhankhar, Advocate, for the petitioner.

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Mr. Marinal Sharma, Advocate for the respondent.

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HARKESH MANUJA, J. (ORAL)

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The petitioner-wife, by way of present application/petition, seeks transfer of petition bearing DMC/369/2025 , titled “ Deepak Kankar Versus Deepika” filed under Section 13 of the Hindu Marriage Act, 1955 at the instance of respondent-husband; from the Court of learned Additional Principal Judge, Family Court, Hisar to the Court of competent jurisdiction at Bhiwani.

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[2] Learned counsel for the petitioner prays for transfer of the above said petition on the following grounds:-

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(i) that the applicant-wife alongwith minor son is residing with her parents at Bhiwani;

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(ii) that she is working as Clerk in the Forest Department, Haryana and presently posted at Bhiwani;

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(iii) that there is a distance of about 150 kms. (both sides) between Hisar and Bhiwani;

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(iv) that there is threat to the petitioner from the side of respondent and his family members;

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(v) that two more cases filed by the petitioner are pending in the Court(s) at Bhiwani.

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DINESH KUMAR 2026.07.20 10:45 I attest to the accuracy and integrity of this document

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T.A. No. 521 of 2026 (O&M) [2]

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[3] On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the petitioner.

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[4] Having heard learned counsel for the parties besides going through the record, I find substance in the submission(s) made on behalf of the petitioner.

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[5] Besides the facts/submission(s) noticed on behalf of the petitioner, the legal position in such like cases as the present one is also very clear. Reference in this regard may made to a decision rendered by the Hon’ble Supreme Court in its decision rendered in Manjula Singh Chouhan Versus Vishal Singh Chouhan, reported as 2019 (13) SCC 660 , wherein it has been 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 paras-3 to 5 of the aforesaid decision are extracted 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. 5. Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal.”

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[6] Considering the aforesaid facts and circumstances, in the humble opinion of this Court, 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 bearing DMC/369/2025 (supra) filed at the instance of respondent-husband, stands transferred from the Family Court,

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DINESH KUMAR 2026.07.20 10:45 I attest to the accuracy and integrity of this document

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[3]

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T.A. No. 521 of 2026 (O&M)

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Hisar to the Court of competent jurisdiction at Family Court, Bhiwani. The requisite record of the aforesaid case be sent by the Family Court, Hisar to the Court concerned at the earliest where the parties would appear within a period of one month from today.

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[7] Pending miscellaneous application(s), if any, shall also stand disposed off.

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July 16, 2026	( HARKESH MANUJA )
'dk kamra'	JUDGE
Whether Speaking/reasoned	Yes/No
Whether Reportable	Yes/No

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DINESH KUMAR 2026.07.20 10:45 I attest to the accuracy and integrity of this document

Deepika v. Deepak Kankar

Case brief

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Deepika v. Deepak Kankar

Case brief

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