IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-49506-2025 Date of decision: 04.09.2025 Manish Tomar ...Petitioner versus State of Haryana and Others ...Respondents CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Pardeep Sehrawat, Advocate and Mr. Ajay Beniwal, Advocate for the petitioner.

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SHALINI SINGH NAGPAL, J. (ORAL)

1. A petition u/s 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed seeking transfer of case No.MNT 104 of 2023 titled “Neelam Tomar versus Manish Tomar” u/s 125 Cr.P.C. pending in the Court of learned Principal Judge, Family Court, Gurugram, to some other Court outside Gurugram in the State of Haryana or U.T. Chandigarh.

2. Learned Counsel for the petitioner submits that a divorce petition was filed by petitioner against respondent No.2 in the Family Court at Dehradun, Uttrakhand and as a counter-blast, respondent No.2 filed a petition u/s 125 Cr.P.C. in the District Court at Gurugram in March 2023. In November 2023, respondent No.2 attacked the family members of the petitioner and FIR was lodged against her in Dehradun. Later, in December 2023, she hired some persons and attacked the petitioner and his son. Again an FIR was lodged against her. Now, respondent No.2 was threatening him and in the circumstances it was not Page No.1 of 3 feasible for him to attend District Court, Gurugram. With regard to the threats, a representation was made to Deputy Commissioner, Gurugram. A complaint was also made to the police regarding attack by respondent No.2 and her sister on 13.03.2024 but no action was taken on that complaint. Later, the police lodged an FIR against the petitioner and his family members on 13.03.2024. The next date of hearing in the Court at Gurugram was 08.09.2025. It was, thus, prayed that the petition u/s 125 Cr.P.C. pending before learned Principal Judge, Family Court, Gurugram be transferred to some other Court in the State of Haryana or U.T., Chandigarh.

3. Concededly, the wife-respondent No.2 is resident of Gurugram. The petition u/s 125 Cr.P.C. titled “Neelam Tomar versus Manish Tomar” filed by her is pending before learned Principal Judge, Family Court, Gurugram. It is also conceded that on 13.03.2024, an FIR has been lodged against the petitioner and his family members at Gurugram. The consistent view of the Courts is that normally the convenience of the wife is to be seen when the prayer is for transfer of a case arising out of matrimonial dispute. A departure can be made from the normal rule only in exceptional cases where there are glaring facts on record. The details of the cases said to be registered against respondent No.2-wife are not forthcoming either in the petition or in the documents appended therewith. No copy of FIR has been annexed with the petition. The allegations in the application dated 30.01.2024 moved by the petitioner to Deputy Commissioner, Gurugram, Haryana regarding threats extended by respondent No.2 on the dates of hearing are vague and general, without any specific details. The complaint allegedly made by petitioner to the police on 13.03.2024 is not forthcoming on record. Transfer of the petition u/s 125 Cr.P.C to any other district of the State would not only cause great discomfort and inconvenience to the wife, at the same time, the petitioner-husband would still be required to attend the proceedings in the criminal case initiated by the wife at Gurugram. There is no good ground to transfer the petition from Gurugram on mere apprehension of the petitioner, unsupported by cogent material to illustrate the threat perceived. Transfer of the matter to another district would only cause more distress to the wife, which is to be avoided.

4. The petition for transfer is, therefore, declined in limine.

(SHALINI SINGH NAGPAL)

JUDGE

04.09.2025 Sunil Chander