IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

217 CRM-M-40237-2022 (O&M) Date of Decision: 06.04.2026 MANOJ KUMAR AND OTHERS …..Petitioners Versus RAM BHATERI @ RANI .....Respondent CORAM: HON’BLE MS. JUSTICE NEERJA K. KALSON Present:- Ms. Nidhi, Advocate and Mr. Mandeep Singh Kundu, Advocate for the petitioners.

None for the respondent.

****

NEERJA K. KALSON, J . (Oral)

1. The petitioner has approached this Court seeking transfer of Case No. D.V. Act/127/2022 titled as ‘Ram Bhateri @ Rani Vs. Manoj Kumar and others’, i.e, an application under Sections 12, 18, 19 and 23 of the Protection of Women from Domestic Violence Act, 2005, pending before the Court of learned Judicial Magistrate Ist Class, Hisar, to a competent Court at Rohtak.

2. Learned counsel for the petitioners submits that both petitioner No.1 and the respondent-wife are presently working and residing at Rohtak. It is contended that although the parental home of the respondent is situated in Hisar, she is employed as a staff nurse at Rohtak and is a permanent employee there. It is further submitted that a petition under Section 13 of the Hindu Marriage Act seeking dissolution of marriage has already been instituted at Rohtak.

3. It is further contended that the respondent-wife is regularly appearing in the said matrimonial proceedings pending at Rohtak, however, she has not been appearing before this court for the last several dates in the present proceeding, despite having earlier put in appearance, it is thus argued that her non-appearance in the present case is deliberate.

4. In view of the aforesaid circumstances, it is submitted that since both the parties are posted at Rohtak and connected proceedings are already pending there, it would be in the interest of justice and convenience of parties if the present case is transferred to Rohtak.

5. Having heard learned counsel for the petitioner and upon consideration of the facts and circumstances of the case, this Court is of the view that since both the parties are presently employed and residing at Rohtak and connected matrimonial proceedings are also pending there, it would be expedient and in the interest of justice to transfer the proceedings. 6. Accordingly, the present petition is allowed. Case No. D.V. Act/127/2022 titled as ‘Ram Bhateri @ Rani Vs. Manoj Kumar and others’, pending before the Court of learned Judicial Magistrate Ist Class, Hisar, is ordered to be transferred to a Court of competent jurisdiction at Rohtak.

7. The District & Sessions Judge, Hisar, shall ensure that the entire record of the case is transmitted to the District & Sessions Judge, Rohtak, forthwith. The District & Sessions Judge, Rohtak, shall assign the case to the competent Court for its disposal in accordance with law.

8. Parties are directed to appear before the concerned Court at Rohtak on a date to be fixed by the District & Sessions Judge, Rohtak.

9. Disposed of accordingly.

10. Pending application(s), if any, shall also stand disposed of.

(NEERJA K. KALSON)

06.04.2026 JUDGE

Mani Kumar

Whether speaking/reasoned: Yes/No

Whether Reportable: Yes/No