Pooja Vs Shiv Kumar

The petitioner-wife, by way of present application, seeks transfer of petition bearing HMA/2021/2024 , titled “ Shiv Kumar Versus Pooja” filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as “divorce petition”) at the instance of respondent-husband; from the Court of learned Principal Judge, Family Court, Ludhiana, to the Court of competent jurisdiction at Hisar.

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[2] Briefly stating, the marriage between the petitioner and respondent was solemnized on 11.11.2022; a baby girl was born out of the said wedlock and on account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at the instance of respondent-husband. Thereafter, the present application seeking its transfer came to be filed by the petitioner-wife.

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[3] Learned counsel for the petitioner, inter alia , contends that the petitioner-wife has filed the petition under Section 9 of the Hindu Marriage

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DINESH KUMAR 2026.07.08 10:19 I attest to the accuracy and integrity of this document

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[2]

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T.A. No. 713 of 2025 (O&M)

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Act, 1955 and also maintenance petition under Section 125 of Cr.P.C., which are pending before the learned Family Court, Hisar and she alongwith her minor daughter is residing in her parental home at Hisar, which is at a distance of more than 200 kms. from Ludhiana; therefore, it is very difficult for her to travel with her minor daughter; thus, prayer is for transfer of the above mentioned divorce petition filed at the instance of respondent-husband from Family Court, Ludhiana to the Court of competent jurisdiction at Hisar. [4] On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the petitioner.

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

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[6] In the present case, admittedly, the petitioner-wife has filed the petition bearing DMC No. 467 of 2025, titled “Pooja Versus Shiv Kumar” under Section 9 of the Hindu Marriage Act, 1955 and also maintenance petition under Section 125 of Cr.P.C., which are pending before the learned Family Court, Hisar; whereas the distance from Hisar to Ludhiana is more than 200 kms, where the divorce petition has been filed at the instance of respondent-husband. In the humble opinion of this Court, it would be appropriate in case the divorce petition pending at Ludhiana be transferred at the Court of competent jurisdiction at Hisar so as to ensure convenience of the petitioner-wife alongwith minor daughter.

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[7] 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.

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DINESH KUMAR 2026.07.08 10:19 I attest to the accuracy and integrity of this document

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[3]

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T.A. No. 713 of 2025 (O&M)

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[8] 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 by the same Court. Consequently, the transfer application is allowed and the divorce petition bearing HMA/2021/2024 filed at the instance of respondent-husband, stands transferred from the Family Court, Ludhiana, to the Court of competent jurisdiction at Hisar. The requisite record of the aforesaid case be sent by the Family Court, Ludhiana, Camp Court at Samrala to the Court concerned.

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[9] Pending miscellaneous application(s), if any, shall also stand

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disposed off.

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July 06, 2026 ( HARKESH MANUJA ) 'dk kamra' JUDGE

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Whether Speaking/reasoned	Yes/No
Whether Reportable	Yes/No

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DINESH KUMAR 2026.07.08 10:19 I attest to the accuracy and integrity of this document

Pooja v. Shiv Kumar

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Pooja v. Shiv Kumar

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