Jammu & Kashmir High Court
Sakshi Jamwal vs Rohit Bakshi on 31 July, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 101
2025:JKLHC-JMU:2053
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- TrP (C) No. 30/2024
CM No. 3667/2024
Cav No. 1120/2024
Sakshi Jamwal, Age 29 years
W/o Rohit Bakshi (D/o Surinder Singh)
R/o, A/P H. No. 41, W. No. 7,
Near Vishal Academy School, Maitra, .....Petitioner(s)
Ramban.
Through: Mr. Jasbir Singh Jasrotia, Advocate.
Vs
Rohit Bakshi, S/o Om Parkash Bakshi,
Resident of H. No. 292, Lane No. 13
Talab Tillo, Jammu. ..... Respondent(s)
Through: Mr. Mayank Gupta, Advocate.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(31.07.2025)
1. The respondent-Rohit Bakshi is married to the petitioner-
Sakshi Jamwal.
2. The marriage of the petitioner and the respondent having
taken place on 11.10.2021 within one year of which the respondent-
Rohit Bakshi constrained to file a divorce petition under section 13
of the Hindu Marriage Act, 1955 by seeking leave to maintain
divorce petition within one year of solemnization of marriage.
3. The divorce petition is pending adjudication before the
court of learned Additional Principal Judge, Family Court, Jammu
wherein the petitioner-Sakshi Jamwal is said to have caused
appearance and filed reply to the petition. The case is said to be
2025:JKLHC-JMU:2053
2 TrP (C) No. 30/2024
matured for leading of evidence from the respondent’s end after
framing of issues has taken place.
4. The present transfer petition came to be filed by the
petitioner-Sakshi Jamwal seeking transfer of the divorce petition
from the court of learned Additional Principal Judge, Family Court,
Jammu to the Principal District Judge, Ramban for the reasons
cited in the application that it is difficult for the petitioner to attend
the divorce petition proceedings in Jammu while travelling to & fro
Ramban-Jammu.
5. Mr. Mayank Gupta, learned counsel for the respondent
submits that he has no objection in transferring of the respondent’s
divorce petition to the court of learned Principal District Judge,
Ramban being the court with the jurisdiction but subject to a rider
that the proceedings in the divorce petition shall suffer no
unwarranted delay and deferment.
6. The submission of learned counsel for the respondent is
very well meaning as otherwise also the spirit of the Hindu Marriage
Act, 1955 is meant to ensure that expeditious disposal of the
matrimonial litigation takes place and in that perspective the
respondent is also entitled to insist, be it before this Court or before
the court where the divorce petition is pending or to be transferred
that the adjudication of the divorce petition shall take place without
any undesirable delay and adjournments.
2025:JKLHC-JMU:2053
3 TrP (C) No. 30/2024
7. In view of the aforesaid, this Court directs transfer of the
petition titled “Rohit Bakshi Vs. Sakshi Jamwal” from the court of
learned Additional Principal Judge, Family Court, Jammu to the
learned Principal District Judge, Ramban.
8. Parties are directed to appear with their respective counsel
on 20.08.2025 before the court of learned Principal District Judge,
Ramban.
9. The court of learned Additional Principal Judge, Family
Court, Jammu to transmit the record of the file by retaining the
index to the court of learned Principal District Judge, Ramban
within a period of one week from the date of receipt of the copy of
this order to be forwarded by the Registrar Judicial, Jammu.
10. The transferee court of learned Principal District Judge,
Ramban is directed to ensure that the divorce case does not suffer
unwarranted adjournments considering the fact that the respondent
has preferred the divorce petition within one year of solemnization of
marriage citing extreme cruelty which resulted in grant of leave to
his favour.
11. Considering the fact that the evidence in the case to be lead
from the both sides would be of very specific duration of period of
co-habitation between them, as such, the learned Principal District
Judge, Ramban is put to a caveat that leading of evidence from the
both sides shall not stretch beyond six months period from the date
2025:JKLHC-JMU:2053
4 TrP (C) No. 30/2024
the statement of the respondent as a witness comes to be recorded
first in the case.
12. All ancillary files related to the divorce petition shall also be
send to the court of learned Principal District Judge, Ramban.
13. The learned Principal District Judge, Ramban to ensure
petition under section 24 of the Hindu Marriage Act, 1955 in the
case titled “Sakshi Jamwal Vs. Rohit Bakshi” pending shall be
decided within a period of one month from the date of appearance of
the parties.
14. Disposed of.
(RAHUL BHARTI)
JUDGE
JAMMU
31.07.2025
Shivalee
Whether the order is speaking :Yes / No
Whether the order is reportable: Yes / No