IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Sr. No.102 (3 cases)

Date of Decision: 16.01.2026

1. TA-213-2024 JYOTI ....Applicant Versus RAHUL SINGH .....Respondent

2. CRM-M-20735-2024 RAHUL @ RAHUL SINGH ....Petitioner Versus JYOTI .....Respondent

3. CRM-M-6457-2025 RAHUL @ RAHUL SINGH ....Petitioner Versus JYOTI AND OTHERS .....Respondents CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Balraj Gujjar, Advocate for the applicant (in TA-213-2024) and for the respondents (in CRM-M-20735-2024 and CRM-M-6457-2025).

Mr. Ajay Jain, Advocate for the respondent (in TA-213-2024) and for the petitioner (in CRM-M-20735-2024 and CRM-M-6457-2025).

*****

ARCHANA PURI, J. (Oral)

These are three cases, filed in a matrimonial dispute between Jyoti and Rahul Singh.

TA-213-2024 has been filed by the applicant-Jyoti, for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. DMC/1391/2023, titled ‘Rahul Singh vs. Jyoti’, filed by the respondent- Rahul Singh, pending in the Family Court, Hisar and she seeks transfer of the same to the Court of competent jurisdiction at Bhiwani.

CRM-M-20735-2024 and CRM-M-6457-2025 have been filed by the petitioner-Rahul @ Rahul Singh, thereby seeking transfer of the petition under Section 125 Cr.P.C. i.e. MNT-125/43/2024 and the complaint under Section 12 of the Protection of Women from Domestic Violence Act i.e. COMA/20/2024, respectively, filed by the respondent-Jyoti. Both the said cases are pending in the Courts at Bhiwani and he seeks transfer of the same, to the Court of competent jurisdiction at Hisar.

In pursuance of the notice issued, respective respondents made appearance through counsel. Reply has been filed by Rahul-husband, in TA- 213-2024. However, in the other petitions, filed at the instance of Rahul, counsel for the wife-Jyoti, had given a statement that the contents of the TA- 213-2024, be considered as her reply, for the purpose of disposal of CRM-

M-20735-2024 and CRM-M-6457-2025.

Counsel for the parties heard.

For the convenience of the discussion, the facts are taken, as spelt out from TA-213-2024.

At the very outset, it is submitted by the counsel for the applicant-wife that marriage between the parties to the lis, had taken place on 07.03.2019. However, matrimonial dispute arose between the parties, as a result whereof, the parties are residing separate. The applicant has no source of earning. Even, she has filed the petition under Section 125 Cr.P.C., as well as, the complaint under Section 12 of the Protection of Women from Domestic Violence Act, which are pending in the Courts at Bhiwani, at appearance stage. Besides the same, also the counsel submits that the complaint, copy whereof is Annexure A-1, was filed by the applicant-wife, before Superintendent of Police, Bhiwani, for initiation of action against the respondent-husband and his family members, but however, the same has since been filed. As such, a prayer has been made for acceptance of TA-213-

2024 and dismissal of CRM-M-20735-2024 and CRM-M-6457-2025.

On the other hand, counsel for the respondent-husband has assiduously submitted that the wife has not come to the Court with clean hands. In fact, she has concealed the material fact, about the birth of twin children i.e. son and daughter, born from this estranged marriage, who are about five years old. Both the children are in the care and custody of the respondent-husband. Also, it is submitted that even the distance between the two places is wrongly stated to be 80 kms., whereas, it is only 50-55 kms. Furthermore, counsel submits that all the applications, filed at the instance of the applicant-wife, thereby, asserting about the children to have been forcibly taken away by the respondent-husband, have since been filed by the police authorities. Also, it is submitted that till date, no petition has been filed by the wife, to seek custody of both the children. While taking care of the twins, who are 5 years old, it is submitted that several challenges