IN TH 114 Harmanpr Lovepreet CORAM: Present:- NIDHI GU 1. the petition 1) as well a 1955 filed Harmanpre 09.7.2025 ( Principal J jurisdiction as no one Bench of Transfer Application No.230 of 2026 IN THE HIGH COURT OF PUNJA AT CHANDIGAR Transfer Application N Date of decision :-12.05 anpreet Kaur Versus preet Singh AM:- HON'BLE MS. JUSTICE NI Mr. Rahul Vohra, Advocate an Ms. Sonali Aggarwal, Advoca for the petitioner. Respondent proceeded against 29.4.2026. HI GUPTA J. (Oral) Prayer in this petition filed by etition bearing No.GW/134/2025 date well as petition filed under Section 9 filed by the respondent titled a anpreet Kaur” bearing case N .2025 (Annexure P-2) pending before ipal Judge, Family Court, Ludhiana diction at Moga. Though notice has been served one appeared on his behalf despite h of this Court, vide order dated 2 2026 (O & M) 1 UNJAB AND HARYANA IGARH tion No.230 of 2026 (O & M) .05.2026 …..Petitioner …..Respondent E NIDHI GUPTA cate and dvocate gainst ex-parte (vide order dated led by petitioner is for transfer of 5 dated 05.8.2025 (Annexure P- tion 9 of the Hindu Marriage Act, itled as “Lovepreet Singh vs. se No.HMA/1679/2025 dated before the Court of learned Addl. hiana to the Court of competent served upon the respondent but despite service, the co-ordinate ated 29.4.2026 proceeded him VIJAY ASIJA 2026.05.15 17.10 I attest to the accuracy and integrity of this document against ex absence. 2. GW/134/20 of the Gu Harmanpre namely, Sa Moga. 3. Transfer Application No.230 of 2026 st ex-parte Accordingly, this petition Respondent has filed th 134/2025 dated 05.8.2025 (Annexure e Guardian and Wards Act, titled anpreet Kaur and another” seeking ly, Sarbaz Singh, who is currently res Learned counsel for the petitione i) that the parties solemni as per sikh Rites. ii) that out of the said w Gurbaz Singh and Sar 28.2.2021 and Since11.3.2025 the pa and the elder son, nam date of birth is 28.2. custody of respondent son, namely, Sarbaz Sin 17.7.2023, is in the petitioner-wife, since alongwith younger son Moga. iii) That the petitioner is source of income and t parents and the respond anything to her tow therefore, she cannot travelling from Moga leaving behind the youn 2026 (O & M) 2 etition is being decided in his the above petition bearing exure P-1) under Sections 7 and 8 titled as “Lovepreet Singh vs. eking custody of the minor son, tly residing with the petitioner at titioner, inter alia, submits that: lemnized marriage on 24.5.2020 aid wedlock, two sons, namely, nd Sarbaz Singh were born on d 17.7.2023 respectively. he parties are living separately n, namely, Gurbaz Singh, whose 28.2.2021, is in the care and ndent-husband and the younger baz Singh, whose date of birth is the care and custody of the since then. The petitioner-wife r son is living with her parents at ner is unemployed, having no and totally dependent upon her espondent-husband is not paying r towards maintenance, and cannot bear the expenses of oga to Ludhiana and that too e younger son. VIJAY ASIJA 2026.05.15 17.10 I attest to the accuracy and integrity of this document 4. 5. well establ 1890, petiti ordinarily residing wi 6. position in this regard N.C.V. Ais (SC) 627, w Transfer Application No.230 of 2026 iv) that the distance betwe and place of proceeding (one side). v) that as per Section 9 o Act, 1890, respondent custody of the minor resides i.e. Moga. vi) That there is no profic family of petitioner-wif to the Court of proceedi vii) Moreover, a petition fi Section 13 of the Hind pending at Family Cour I have heard learned counsel fo The legal position in such like established. As per Section 9 of the , petition for custody is required to be arily resides. In the present case, ing with petitioner-wife at Moga. Besides the facts as notice in such like cases as the present o regard, judgment of the Hon’ble Su V. Aishwarya vs A.S. Saravana Kar , wherein the Hon’ble Supreme Co “9. The cardinal principle for ex section 24 of the Code of Civil Pro justice should demand the transfe other proceeding. In matrimonial m are called upon to consider the ple have to take into consideration the both the parties, the social strata behavioural pattern, their standa marriage and subsequent thereto a 2026 (O & M) 3 between the place of residence eedings is approximately 70 kms. n 9 of the Guardian and Wards ndent has to file the petition for minor son where he ordinarily proficient male member in the wife who can accompany her oceedings at Ludhiana. tion filed by the applicant under e Hindu Marriage Act is already Court, Moga. nsel for the petitioner. ch like cases as the present one, is of the Guardian and Wards Act, to be filed where the minor child case, minor son is admittedly noticed hereinabove, the legal esent one, is well established. In ble Supreme Court rendered in a Karthik Sha,” 2022 Live Law eme Court has held as under:- for exercise of power under il Procedure is that the ends of transfer of the suit, appeal or onial matters, wherever Courts plea of transfer, the Courts on the economic soundness of strata of the spouses and their standard of life prior to the ereto and the circumstances of VIJAY ASIJA 2026.05.15 17.10 I attest to the accuracy and integrity of this document 7. “Sumita S Kishor Pa wherein th deciding th weightage litigants an should ord convenienc litigants un 8. aforesaid p considering of the wife the custody physical h important t without ass Transfer Application No.230 of 2026 both the parties in eking out the whose protective umbrella the sustenance to life. Given the pr paradigm in the Indian society, g convenience which must be look transfer. 10. Further, when two or more pro different Courts between the sam common question of fact and law, in the cases are interdependent, should be tried together by the sam multiplicity in trial of the same decisions.” Further reliance can be place ita Singh vs Kumar Sanjay”, 20 or Pardeshivs Kishor Babulal Pard ein the Hon’ble Supreme Court h ing the transfer application, the Court htage and consideration to the co nts and transfer of legal proceedings ld ordinarily be allowed, taking enience and the Courts should de nts under undue hardships.” Even this Court in number o said principle of law. Accordingly, i idering the transfer of a matrimonial d e wife, the Court is to consider the fam tody of the minor child, economic ical health and earning capacity o rtant the convenience of the wife i.e out assistance of a male member of h 2026 (O & M) 4 ut their livelihood and under la they are seeking their the prevailing socioeconomic iety, generally, it is the wife's oked at while considering ore proceedings are pending in he same parties which raise d law, and when the decisions dent, it is desirable that they the same Judge so as to avoid same issues and conflict of e placed upon the judgments in ”, 2002 SC 396 and “Rajani Pardeshi”, 2005(12) SCC 237, ourt has observed that “while Courts are required to give more he convenience of the female dings from one Court to another aking into consideration their ld desist from putting female mber of cases has followed the gly, it is well settled that while onial dispute/case, at the instance the family condition of the wife, nomic condition of the wife, her city of the husband and most ife i.e. she cannot travel alone er of her family, connectivity of VIJAY ASIJA 2026.05.15 17.10 I attest to the accuracy and integrity of this document the place to the litigatio 9. (supra), Aishwarya Court deem following c 10. (supra), Aishwarya Court deem following c 10. to refer the Transfer Application No.230 of 2026 lace to and fro from her place of resid itigation charges and travelling expens In view of the judgments i ra), Rajani Kishor Pardeshi’s warya’s case (supra) passed by the Ho t deems it appropriate to allow the pre wing conditions:- a) The petition filed by r Section 9 of the Hindu HMA/1679/2025 dated titled as “Lovepreet Sin pending in the Court Family Court, Ludhian of competent jurisdictio The petition bearin 05.8.2025 (Annexure P of the Guardian and “Lovepreet Singh vs. another” pending in th Principal Judge, Fam transferred to a Court o Moga. b) The ld. District Judge transfer complete re aforesaid cases to Distri c) The parties are direct District & Sessions Judg d) The District Judge, M petitions to the Court of The concerned Court at Mog fer the cases before the Mediation an 2026 (O & M) 5 f residence as well as bearing of xpenses. ents i.e. Sumita Singh’s case case (supra) and N.C.V. the Hon’ble Supreme Court, this he present petition, subject to the d by respondent husband under indu Marriage Act, bearing No. dated 09.7.2025 (Annexure P-2) et Singh vs. Harmanpreet Kaur”, ourt of Addl. Principal Judge, dhiana is transferred to a Court sdiction at Moga. AND bearing GW/134/2025 dated ure P-1) under Sections 7 and 8 n and Wards Act, titled as h vs. Harmanpreet Kaur and g in the Court of learned Addl. , Family Court, Ludhiana is ourt of competent jurisdiction at Judge, Ludhiana is directed to record pertaining to the District Judge, Moga. directed to appear before the Judge, Moga on 15.6.2026. Moga will assign the said ourt of competent jurisdiction. Moga will make all endeavour tion and Conciliation Centre for VIJAY ASIJA 2026.05.15 17.10 I attest to the accuracy and integrity of this document exploring t parties. 11. between th calendar m 12. ordinate Be Nitin Tal Gurvinder Karmajit S 14. 15. May 12, 20 Vijay Asija Whether spea Whether Repo Transfer Application No.230 of 2026 ring the possibility of some amicab The Court concerned, where een the parties, will accommodate th dar month. I am supported by the deci ate Bench of this Court in TA No. 13 Talwar; TA No. 1322 of 20 vinderjeet Singh; and TA No. 132 ajit Singh. Disposed of. Pending application(s), if any, , 2026 r speaking/reasoned Yes / No r Reportable Yes / No 2026 (O & M) 6 micable settlement between the here the litigations are pending date them with one date in one e decisions rendered by a Co- No. 1315/2022, Rohini Arora v f 2022, Jaswinder Kaur v . 1323 of 2022, Usha Rani v if any, stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.05.15 17.10 I attest to the accuracy and integrity of this document