Radha Kumari v. Vikas Kumar

--1-- 102+205 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on:-02.07.2026 Radha Kumari ....Applicant.

vs.

Vikas Kumar ....Respondent.

CORAM:

HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr.Jagjit Singh, Advocate for Mr. Yash Dev Kaushik, Advocate for the applicant.

Mr. Rahul Rana, Advocate, for the respondent.

***** HARKESH MANUJA J. (Oral) CM-6805-CII-2026 Application is allowed as prayed for. Reply filed on behalf of the respondent is taken on record, subject to all just exceptions. Be tagged at appropriate place.

Main case 1.

The applicant-wife, by way of present application, seeks transfer of case bearing HMA-518-2025, dated 27.02.2025 (Annexure P-1), titled "Vikas Kumar vs. Radha Kumari", filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as "divorce petition") at the instance of respondent-husband; from the Court of learned Principal Judge,

--2-- Family Court, Ludhiana to the Court of learned Principal Judge, Family Court, Faridabad.

2.

Briefly stating, the marriage between the applicant and respondent was solemnized on 26.05.2021; out of their wedlock, a 3 year old boy child namely, Prem Kumar, was born; 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 applicant-wife. 3.

Learned counsel for the applicant, inter alia, contends that the applicant-wife has also filed the following three cases before the Court of learned Principal Judge, Family Court, Faridabad. (i) Petition (bearing No.MNT-2204-2025) for maintenance under Section 144 of BNSS;

(ii) Complaint (No.COMA/259-2025) under Sections 12 and 20 of Domestic Violence Act, 2005;

(iii) Police complaint with regard to dowry demand and harassment.

The notices in the aforementioned cases have been issued to the respondent-husband. It is further submitted that the applicant is residing alongwith her minor son at her parental home at Faridabad which is about 350 Kms away from Ludhiana. Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondenthusband from Family Court, Ludhiana to Family Court, Faridabad. 4.

On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant. 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 the

--3-- abovementioned three petitions which are pending adjudication before the Court of learned Principal Judge, Family Court, Faridabad. 7.

As per the averments made in the present transfer application, the applicant-wife is solely dependent on her old aged father, who is unable to accompany her on each and every date of hearing at Ludhiana, which is about 350 kms away from Faridabad. Besides it, the applicant is also taking care of her minor son, namely, Prem Kumar, while staying at Faridabad. 8.

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. 9.

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 under Section 13 of the Hindu Marriage Act i.e. HMA-518/2025, titled "Vikas Kumar Vs. Radha Kumari", filed by the respondent-husband, stands transferred from the Family Court, Ludhiana, to the Court of competent jurisdiction at Family Court, Faridabad. The requisite record of the aforesaid case be sent by the Family Court, Ludhiana to the Court concerned. 10.

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

02.07.2026 (HARKESH MANUJA) sonika JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/ No