PRIYANKA ALIAS PRIYANKA KATARA v. KRISHAN KANT KATARA
TA/1552/2025 · 2026-09-03
Harkesh Manuja
body1956
DailyLaw.ai
[ 1956 DAILYLAW 9 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 1956 DAILYLAW 9 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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201 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH PRIYANKA ALIAS PRIYANKA KATARA
KRISHAN KANT KATARA
CORAM: HON'BLE MR. JUSTICE
Present: Mr.
None for the respondent.
HARKESH MANUJA
1. The applicant of petition filed under Sections 7, 8 and 25 of Guardian and Wards Act 1890 read with Hindu Minority and Guardianship Act, 1956 titled
“Krishan Kant Katara Vs. Priyanka husband; from the Court of learned Jalandhar to Court of competent jurisdiction at Ferozepur.
2. Briefly stating, the marriage between the applicant and respondent was solemnized on namely, Yashika Katara and Abhay Katara were born; matrimonial discord between the parties, the above mentioned petition under Sections instance of respondent seeking transfer thereof came to be filed by the applicant
3.
Learned counsel for the applicant, applicant-wife is residing at her parental home at a prayer is mad instance of respondent
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:
PRIYANKA ALIAS PRIYANKA KATARA
Versus KRISHAN KANT KATARA
HON'BLE MR. JUSTICE HARKESH MANUJA Mr. P.K. Bansal, Advocate for the None for the respondent.
**** HARKESH MANUJA, J. (ORAL)
The applicant-wife, by way of present application, seeks transfer petition filed under Sections 7, 8 and 25 of Guardian and Wards Act read with Hindu Minority and Guardianship Act, 1956 titled Krishan Kant Katara Vs. Priyanka”, at the instance of husband; from the Court of learned Principal Judge, Family Court Court of competent jurisdiction at Ferozepur. Briefly stating, the marriage between the applicant and respondent was solemnized on 09.12.2012; out of their wed namely, Yashika Katara and Abhay Katara were born; matrimonial discord between the parties, the above mentioned petition s 7, 8 and 25 of the Act, came to be preferred at the instance of respondent-husband. Thereupon, the present application seeking transfer thereof came to be filed by the applicant
Learned counsel for the applicant, inter alia wife is residing at her parental home at a prayer is made for transfer of the above mentioned petition filed at the instance of respondent-husband from Family Court,
TA-1552-2025
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-1552-2025 Date of Decision: SEPTEMBER 03, 2026
........Applicant
........Respondent HARKESH MANUJA Advocate for the applicant. wife, by way of present application, seeks transfer petition filed under Sections 7, 8 and 25 of Guardian and Wards Act, read with Hindu Minority and Guardianship Act, 1956 titled , at the instance of respondent- Principal Judge, Family Court-I, Court of competent jurisdiction at Ferozepur. Briefly stating, the marriage between the applicant and respondent ; out of their wedlock, two children namely, Yashika Katara and Abhay Katara were born; on account of matrimonial discord between the parties, the above mentioned petition of the Act, came to be preferred at the reupon, the present application seeking transfer thereof came to be filed by the applicant-wife. inter alia, contends that the wife is residing at her parental home at Ferozepur. Accordingly, e for transfer of the above mentioned petition filed at the husband from Family Court, Jalandhar to Family
2025 SEPTEMBER 03, 2026
wife, by way of present application, seeks transfer , read with Hindu Minority and Guardianship Act, 1956 titled - I, Briefly stating, the marriage between the applicant and respondent two children on account of matrimonial discord between the parties, the above mentioned petition of the Act, came to be preferred at the reupon, the present application , contends that the . Accordingly, e for transfer of the above mentioned petition filed at the to Family TEJWINDER SINGH 2026.09.09 16:52 I attest to the accuracy and integrity of this document
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Court, Ferozepur. 4. On the other hand, despite service, no one has chosen to appear on behalf of respondent. 5. I have heard learned counsel for the applicant and gone through the paper-book. 6.
In the present case, admittedly, the applicant-wife has filed a petition under Section 144 of BNSS bearing No.MNT/125/43/2025 for grant of maintenance, petition bearing No. COMA/51/2025 under Sections 12 read with Sections 17, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005, a petition bearing No. COMI/112/2025 registered under Sections 85/316/75/115 of BNS and a petition bearing No.GW-15-2025 registered under Section 25 of Guardians and Wards Act, 1890 which are pending adjudication at District Courts, Ferozepur. Besides it, the applicant does not possess any independent source of income. Moreover, petition filed under Section 9 of the Hindu Marriage Act, 1955 at the instance of respondent-husband already stands transferred by this Court vide order dated 14.07.2026. 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 that, in the interest of both the parties, all connected matrimonial proceedings should ordinarily be heard by the same Court and, accordingly, allowed the transfer application therein. Relevant paragraphs No. 3 to 5 thereof are reproduced hereunder:-
“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 TEJWINDER SINGH 2026.09.09 16:52 I attest to the accuracy and integrity of this document
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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 petition under Section 144 of BNSS bearing No.MNT/125/43/2025 for grant of maintenance, petition bearing No. COMA/51/2025 under Sections 12 read with Sections 17, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005, a petition bearing No. COMI/112/2025 registered under Sections 85/316/75/115 of BNS and a petition bearing No.GW-15-2025 registered under Section 25 of Guardians and Wards Act, 1890therefore, it would be in the interest of both the parties that all their cases be heard together at the same place. Consequently the transfer application is allowed and the petition under Sections 7, 8 and 25 of Guardian and Wards Act, 1890 read with Hindu Minority and Guardianship Act, 1956 titled “Krishan Kant Katara Vs. Priyanka”, filed by the respondent-husband, stands transferred from the Court of learned Principal Judge, Family Court, Jalandhar to the Court of competent jurisdiction at Ferozepur. The requisite record of the aforesaid case be sent by the learned Family Court, Jalandhar to the Court concerned. Parties are directed to appear before the learned Family Court on 17.09.2026. The learned trial Court is requested to list all the matters on the same date. 9. Pending miscellaneous application(s), if any, shall also stand
disposed of. 03.09.2026
(HARKESH MANUJA) Tejwinder
JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No
TEJWINDER SINGH 2026.09.09 16:52 I attest to the accuracy and integrity of this document