HARKESH MANUJA, J. (ORAL)
1. The applicant-wife, by way of present application, seeks transfer of petition bearing No.HMA/1165/2025, titled "Hardik Jain @ Kaku Vs. Sapna Dhiman and Anr.", filed under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 (hereinafter to be referred as "the Act") at the instance of respondent-husband; from the Court of learned Principal Judge, Family Court, Ambala to learned Principal Judge, Family Court, Ludhiana.
2. Briefly stating, the marriage between the applicant and respondent was solemnized on 11.12.2017. Out of their wedlock, a male child was born, on account of matrimonial discord between the parties, the above mentioned petition under Section 13(1)(ia) and 13(1)(ib) of the Act, came to be preferred at the instance of respondent-husband. Thereupon, the present application seeking transfer thereof came to be filed by the applicant-wife.
3. Learned counsel for the applicant, inter alia, contends that the applicant-wife is residing at her parental home at Ludhiana. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the
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instance of respondent-husband from Family Court, Ambala to Family Court, Ludhiana.
4. On the other hand, learned counsel for the respondent-husband vehemently opposes the prayer made in the application.
5. I have heard learned counsel for the parties and gone through the paper-book.
6. In the present case, admittedly, the applicant-wife has filed a petition under Section 144 of BNSS bearing No.MNT/125/316/2026 for grant of maintenance, a petition under the provisions of Protection of Women from Domestic Violence Act, 2005 bearing
No.COMA/70729/2026 and a petition bearing No.UCR-541-2026 which are pending adjudication at District Courts, Ludhiana. Besides it, the applicant-wife has got registered an FIR bearing No. 32 dated 02.05.2025 under Sections 319(2)/351(2)/61(2) of BNS, 2023 and Sections 66(C) & Section 66(D) of the IT Act at P.S. Cyber Crime, Ludhiana City. Moreover, the applicant does not possess any independent source of income.
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. Relevant paragraphs No. 3 to 5 thereof are reproduced hereunder:-
"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.
4. We are of the view that it will be in the interests of both the parties that
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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."
8. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, since a maintenance petition under Section 144 of BNSS bearing No.MNT/125/316/2026, a petition under the provisions of Protection of Women from Domestic Violence Act, 2005 bearing No. COMA/70729/2026 and a petition bearing No.UCR-541-2026, besides an FIR bearing No.32 dated 02.05.2025 are pending at Ludhiana, 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(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 i.e. HMA/1165/2025, titled "Hardik Jain @ Kaku Vs. Sapna Dhiman and Anr.", filed by the respondent-husband, stands transferred from the Court of learned Principal Judge, Family Court, Ambala to the Court of competent jurisdiction at Ludhiana. The requisite record of the aforesaid case be sent by the learned Family Court, Ambala to the Court concerned. Parties are directed to appear before the learned Family Court on 22.09.2026. The learned trial Court is requested to fix all the cases for the same date.
9. Pending miscellaneous application(s), if any, shall also stand disposed of.
08.09.2026 (HARKESH MANUJA)
Tejwinder JUDGE
| Whether speaking/reasoned |
Yes/No |
| Whether reportable |
Yes/No |
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