Khushi Alias Khushi Jatwani v. Rahul Batra

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CM No. 11470-CII of 2026 in/and Transfer Application No. 1304 of 2025 (O&M) Date of Decision: 01.07.2026 Khushi @ Khushi Jatwani .......... Petitioner

Versus

Rahul Batra .......... Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Rishav Jain, Advocate with Mr. Kanish Jindal, Advocate, for the petitioner. Mr. Gulshan Nandwani, Advocate for the respondent.

**** HARKESH MANUJA, J. (ORAL) CM No. 11470-CII of 2026 Prayer in the present application moved on behalf of the applicant-respondent is for preponing the date of hearing of main case from 23.09.2026 to an earlier date.

Notice of the application.

Learned counsel for the non-applicant/petitioner-wife accepts notice and raises no objection against the prayer made in the application. In view of the above and with the consent of learned counsel for the parties, hearing of the main case is preponed and taken up today itself.

Accordingly, the application is disposed of.

TA-1304-2025 The petitioner-wife, by way of present application, seeks transfer of case bearing DMC No. 466 of 2023, dated 06.07.2023, titled

[2] "Rahul Batra Versus Khushi", 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, Family Court, Rewari to the Court of learned Principal Judge, Family Court, Palwal, Camp Court, Hodal.

[2] Briefly stating, the marriage between the petitioner and respondent was solemnized on 11.05.2018; out of their wedlock, a girl child namely, Seerat, was born on 12.10.2019; 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. [3] Learned counsel for the petitioner, inter alia, contends that the petitioner-wife has also filed maintenance application bearing MNT No. 186 of 2025 before the Court of learned Principal Judge, Family Court, Palwal, Camp Court Hodal, wherein notice has also been issued to the respondent. It is further submitted that the petitioner is residing alongwith her minor daughter at her parental home at Hodal. Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent-husband from Family Court, Rewari to Family Court, Palwal, Camp Court Hodal.

[4] On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the petitioner. [5] I have heard learned counsel for the parties and gone through the paper-book.

[6] In the present case, admittedly, the petitioner-wife has filed the following two petitions which are pending adjudication before the Court of

[3] learned Principal Judge, Family Court, Palwal, Camp Court, Hodal:- (1) Petition bearing HMA No. 490 of 2023, titled "Khushi Jatwani Versus Rahul Batra", under Section 9 of the Hindu Marriage Act for restitution of conjugal rights; and (2) Maintenance Application bearing MNT No. 186 of 2025, titled "Khushi Jatwani etc. Versus Rahul Batra". [7] As per the averments made in the present transfer application, the petitioner-wife is suffering from serious ailment as one of her kidneys was removed due to severe stone infection. Besides it, she is also taking care of her minor daughter, namely, Seerat, while staying at Hodal.

[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.

DMC/466/2023, titled "Rahul Batra Versus Khushi", filed by the respondent-husband, stands transferred from the Family Court, Rewari, to the Court of competent jurisdiction at Family Court, Palwal, Camp Court Hodal. The requisite record of the aforesaid case be sent by the Family Court, Rewari to the Court concerned.

[4] [10] Pending miscellaneous application(s), if any, shall also stand disposed off.

July 01, 2026 ( HARKESH MANUJA ) 'dk kamra'

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