1 101 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RICHU GURVINDER SINGH CORAM: HON'BLE MR. JUSTICE Present: Mr. Balraj Singh, Advocate for Mr. T.S. Hundal, Mr. Prashant Bansal, Advocate for the respondent. HARKESH MANUJA [1] The petitioner bearing DMC No. Section 13 of the Hindu Marriage Act, 1955 “divorce petition”) 8 of Guardians and Wards Act, 1956 from the Court of learned Principal Judge, Family Court, at Rajpura to the Court of learned Principal Judge, Fami Camp Court at Shah [2] Briefly stating, the marriage between the petitioner and respondent was solemnized on 16.02.2023 was born on 24.01.2024 parties, the above mentioned divorce petition a minor child came to be preferred at the instanc Thereupon, the present application seeking transfer the petitioner-wife. [3] Learned counsel for the petitioner, inter alia, contends that the petitioner wife has is a house IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: Versus GURVINDER SINGH HON'BLE MR. JUSTICE HARKESH Mr. Balraj Singh, Advocate for Mr. T.S. Hundal, Advocate for the Mr. Prashant Bansal, Advocate for the respondent. **** HARKESH MANUJA, J. (ORAL) The petitioner-wife, by way of present application, seeks transfer of case No. 263 of 2025, titled “Gurvinder Section 13 of the Hindu Marriage Act, 1955 “divorce petition”)as well as case bearing GW No.12 8 of Guardians and Wards Act, 1956 at the instance of respondent from the Court of learned Principal Judge, Family Court, to the Court of learned Principal Judge, Fami at Shahabad. Briefly stating, the marriage between the petitioner and respondent was 16.02.2023; out of their wedlock, a male child namely, 24.01.2024; on account of matrimonial disc parties, the above mentioned divorce petition as well as petition for custody of came to be preferred at the instanc , the present application seeking transfer wife. Learned counsel for the petitioner, inter alia, contends that the petitioner is a house-wife without any independent source of income and is TA-474-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-474-2026 Date of Decision: July 07, 2026 ........Petitioner ........Respondent HARKESH MANUJA Advocate for the petitioner. Mr. Prashant Bansal, Advocate for the respondent. wife, by way of present application, seeks transfer of case Gurvinder Singh Vs. Richu”, filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as case bearing GW No.12 -2025 filed under Section at the instance of respondent-husband; from the Court of learned Principal Judge, Family Court, Patiala, Camp Court to the Court of learned Principal Judge, Family Court, Kurukshetra, Briefly stating, the marriage between the petitioner and respondent was ; out of their wedlock, a male child namely, Harhiv, ; on account of matrimonial discord between the as well as petition for custody of came to be preferred at the instance of respondent-husband. , the present application seeking transfer thereof came to be filed by Learned counsel for the petitioner, inter alia, contends that the petitioner- wife without any independent source of income and is 2026 July 07, 2026 Petitioner wife, by way of present application, seeks transfer of case ”, filed under (hereinafter to be referred as 2025 filed under Section husband; , Camp Court , Briefly stating, the marriage between the petitioner and respondent was , ord between the as well as petition for custody of husband. came to be filed by - wife without any independent source of income and is TEJWINDER SINGH 2026.07.14 16:22 I agree to specified portions of this document 2 TA-474-2026 residing at her parental home along with her minor son. Accordingly, a prayer is made for transfer of the above mentioned petitions filed at the instance of respondent-husband from Family Court, Patiala, Camp Court at Rajpura to the Family Court, Kurukshetra, Camp Court at Shahabad. [4] On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the petitioner-wife while submitting that the petition filed by the petitioner-wife which is pending at Shahabad, Kurukshetra was filed post filing of the abovementioned petitions by the respondent-husband just to harass the respondent-husband. [5] I have heard learned counsel for the parties and gone through the paper-book. [6] In the present case, admittedly, the petitioner-wife has filed a petition bearing No. COMA/22/2025 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 filed at the instance of petitioner-wife which is pending before the learned Illaqa Magistrate, Shahabad, District Kurukshetra. In the humble opinion of this Court, mere fact that the said petition was filed by the petitioner-wife after the divorce petition and the custody petition filed by the respondent-husband cannot, by itself be a ground to transfer. Rather, the pendency of the proceedings between the parties before different Courts would inevitably result in multiplicity of litigation and inconvenience to both sides. Therefore, in order to avoid conflicting decisions, ensure judicial consistency and facilitate effective adjudication of the disputes arising out of the matrimonial relationship, it would be appropriate that all the proceedings between the parties are tried by the same Court. [7] Furthermore, the Hon’ble Supreme Court in its decision rendered in “Manjula Singh Chouhan Versus Vishal Singh Chouhan”, reported as 2019 (13) SCC 660 held as follows: TEJWINDER SINGH 2026.07.14 16:22 I agree to specified portions of this document 3 TA-474-2026 “3. As per the submission of the appellant, two cases are already pending in Family Court, Bhopal, and it will be in the interests of both the parties to try all their cases in Bhopal. Learned counsel for the respondent however, submits that it will suit to the appellant only, therefore, transfer may not be permitted. The fact remains that the respondent has to travel to Bhopal for conduct of other cases pending in Family Court, Bhopal. 4. We are of the view that it will be in the interests of both the parties that all their cases be heard together by the same Court. 5. Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal.” [8] Considering the aforesaid facts and circumstances, in the humble opinion of this Court, since a complaint under Section 12 of the Protection of Women from Domestic Violence Act is pending adjudication at Shahabad Camp Court at Kurukshetra, therefore, it would be in the interest of both the parties that all their cases be heard together by the same Court. Consequently the transfer application is allowed and the divorce petition under Section 13 of the Hindu Marriage Act i.e. DMC/263/2025, titled “Gurvinder Singh Vs. Richu”, and petition for custody under Section 8 of Guardians and Wards Act, 1956 i.e. GW-12-2025 filed by the respondent-husband, stands transferred from the Family Court, Patiala, Camp Court at Rajpura to the Court of competent jurisdiction at Family Court, Shahabad, Camp Court at Kurukshetra. [9] Pending miscellaneous application(s), if any, shall also stand disposed of. 07.07.2026 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No TEJWINDER SINGH 2026.07.14 16:22 I agree to specified portions of this document