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High Court of Punjab and Haryana · body

2014 DAILYLAW 1959 (PNJ)

BALJINDER SINGH v. RAJWINDER KAUR

TA/616/2026 · 2026-07-02

Harkesh Manuja

Public Interest Litigationbody2014

Judgment text

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104 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH BALJINDER SINGH RAJWINDER KAUR CORAM: HON'BLE MR. JUSTICE Present: Mr. Lupil Gupta, Advocate for the petitioner. None for respondent. HARKESH MANUJA [1] The petitioner case bearing DMC Singh”, filed under Section 13 be referred as “divorce petition”) at the instance of respondent Court of learned Principal Judge, Family Court, Principal Judge, Family Court, [2] Briefly stating, the marriage between the petitioner and respondent was solemnized in the year 2014 Khushpreet Kaur, aged 11 years and Guravtar born; on account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at the instance of wife. Thereafter, the present application seeking its transfer came to be filed the petitioner-husband [3] Learned counsel for the petitioner, inter alia, contends that the petitioner husband has also filed Superintendent of Police, Tarn Taran, however, no further action was taken on the complaint. It is further submitted the petitioner even filed a petition under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights, however, the respondent join the company of the Guardianship and Wards Act, 1890 was filed in the Court of Principal Judge, Family, Tarn Taran. Moreover, the respondent-wife filed a petition under Sec IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: BALJINDER SINGH Versus RAJWINDER KAUR HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Lupil Gupta, Advocate for the petitioner. None for respondent. **** HARKESH MANUJA, J. (ORAL) The petitioner-husband, by way of present application, seeks transfer of DMC No. 106 of 2025, titled “Rajwinder Kaur , filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as “divorce petition”) at the instance of respondent Court of learned Principal Judge, Family Court, Principal Judge, Family Court, Tarn Taran. Briefly stating, the marriage between the petitioner and respondent was in the year 2014; out of their wedlock, Khushpreet Kaur, aged 11 years and Guravtar born; on account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at the instance of . Thereafter, the present application seeking its transfer came to be filed husband. Learned counsel for the petitioner, inter alia, contends that the petitioner has also filed a complaint dated 11.06.2024 with Senior Superintendent of Police, Tarn Taran, however, no further action was taken on It is further submitted in order to save the future of the children, the petitioner even filed a petition under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights, however, the respondent join the company of the petitioner, and thus, another petition under Section 25 the Guardianship and Wards Act, 1890seeking custody of minor daughter was filed in the Court of Principal Judge, Family, Tarn Taran. Moreover, the wife filed a petition under Section 13 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-616-2026 Date of Decision: July 02, 2026 ........Petitioner ........Respondent HARKESH MANUJA Mr. Lupil Gupta, Advocate for the petitioner. , by way of present application, seeks transfer of Rajwinder Kaur Vs. Baljinder of the Hindu Marriage Act, 1955 (hereinafter to be referred as “divorce petition”) at the instance of respondent-wife; from the Court of learned Principal Judge, Family Court, Zira to the Court of learned Briefly stating, the marriage between the petitioner and respondent was ; out of their wedlock, two children namely, Khushpreet Kaur, aged 11 years and Guravtar Singh, aged 10 years, were born; on account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at the instance of respondent- . Thereafter, the present application seeking its transfer came to be filed by Learned counsel for the petitioner, inter alia, contends that the petitioner- a complaint dated 11.06.2024 with Senior Superintendent of Police, Tarn Taran, however, no further action was taken on in order to save the future of the children, the petitioner even filed a petition under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights, however, the respondent-wife refused to of the petitioner, and thus, another petition under Section 25 seeking custody of minor daughter was filed in the Court of Principal Judge, Family, Tarn Taran. Moreover, the 13 of the Hindu Marriage Act, 2026 July 02, 2026 Petitioner , by way of present application, seeks transfer of Baljinder of the Hindu Marriage Act, 1955 (hereinafter to ; from the learned Briefly stating, the marriage between the petitioner and respondent was namely, were born; on account of matrimonial discord between the parties, the above - by - a complaint dated 11.06.2024 with Senior Superintendent of Police, Tarn Taran, however, no further action was taken on in order to save the future of the children, the petitioner even filed a petition under Section 9 of the Hindu Marriage Act wife refused to of the petitioner, and thus, another petition under Section 25 seeking custody of minor daughter was filed in the Court of Principal Judge, Family, Tarn Taran. Moreover, the Act, TEJWINDER SINGH 2026.07.03 15:53 I agree to specified portions of this document TA-616-2026 -2- 1955 bearing No.DMC-106-2025 for dissolution of marriage in the Court of Principal Judge, Family Court, Zira. Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent-wife from Family Court, Zira to Family Court, Tarn Taran. [4] I have heard learned counsel for the parties and gone through the paper-book. [5] In the present case, admittedly, the petitioner-husband has filed the following two petitions which are pending adjudication before the Court of Principal Judge, Family Court, Tarn Taran: 1. Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights 2. Section 25 of Guardianship and Wards Act, 1890 for custody of the minor daughter. [7] As per the averments made in the present transfer application, there is a short distance of approximately 55 kilometers between Zira and Tarn Taran and thus, the present petition has been filed with sole purpose of harassing the petitioner-husband. [8] Considering the aforesaid facts and circumstances, in the humble opinion of this Court, no cause is made out for transferring the petitions from Zira to Tarn Taran and the present petition is thus dismissed being devoid of merits. [9] Pending miscellaneous application(s), if any, shall also stand disposed of. 02.07.2026 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No TEJWINDER SINGH 2026.07.03 15:53 I agree to specified portions of this document