P&H: Transfers husband’s divorce case to Rohtak, refuses to shift father-in-law civil suit

punjab-haryana
⚖️ Order Date: 02 Sep 2026
Headnotes

(i) Hindu Marriage Act, 1955, S.13, Civil Procedure Code, 1908, S.24 — Transfer of matrimonial proceedings — Wife residing at Rohtak with minor son and dependent on widow mother and siblings there — Complaint already lodged at Rohtak and FIR and maintenance proceedings pending there...

(ii) Civil Procedure Code, 1908, S.24 — Transfer of proceedings — Convenience of wife in matrimonial matters — Principle cannot be mechanically extended to every independent civil proceeding merely because one of the parties is the wife — Nature of proceeding, subject matter, convenience of...

(iii) Civil Procedure Code, 1908, S.24 — Civil suit for permanent injunction — Suit instituted by father-in-law and others in relation to house at Vishal Nagar, Sonipat — Proceedings not matrimonial between husband and wife — Convenience of the wife is to be accorded due...


Facts of the Case

P&H: Transfers husband’s divorce case to Rohtak, refuses to shift father-in-law civil suit

The Punjab and Haryana High Court has partly allowed a wife’s transfer plea, shifting her husband’s divorce petition from Sonepat to Rohtak, where she is now residing with her minor son and family. Justice Harkesh Manuja said the matrimonial case should be heard at Rohtak in view of the wife’s circumstances and the fact that other proceedings between the parties were already pending there.

The wife had sought transfer of two matters. One was the husband’s divorce petition under Section 13 of the Hindu Marriage Act, 1955. The other was a civil suit for permanent injunction filed by her father-in-law...

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