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2021 DAILYLAW 2413 (PNJ)

INDERJIT KAUR v. GURJEET SINGH

TA/616/2025 · 2026-07-08

Harkesh Manuja

body2021

Judgment text

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1 149 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH INDERJIT KAUR GURJEET SINGH CORAM: HON'BLE MR. JUSTICE Present: Mr. Vivek K. Thak Mr. Arpan Sabharwal, HARKESH MANUJA [1] The petitioner bearing HMA No. under Section 9 husband; from the Court of Camp Court at Nakodar Kapurthala. [2] Briefly stating, the marriage between the petitioner and respondent was solemnized on 18.04.2021 was born on 16.04.2022 parties, the above mentioned petition came to be preferred at the instance of respondent-husband. thereof came to be filed by the petitioner [3] Learned counsel for the petitioner, inter alia, contends that the petitioner wife has also filed maintenance application bearing MNT No. 125/ titled “Inderjit Kaur Vs. Gurjeet Singh” Judge, Family Court, Protection of Women from Domestic Violence Act, 2005 bearing IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: INDERJIT KAUR Versus GURJEET SINGH HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Vivek K. Thakur, Advocate for the Mr. Arpan Sabharwal, Advocate for the **** HARKESH MANUJA, J. (ORAL) The petitioner-wife, by way of present application, seeks transfer of case bearing HMA No. 60 of 2025, titled “Gurjeet Singh 9 of the Hindu Marriage Act, 1955 at the instance of respondent husband; from the Court of learned Principal Judge, Family Court, at Nakodar to the Court of learned Principal Judge, Family Court, Briefly stating, the marriage between the petitioner and respondent was 18.04.2021; out of their wedlock, a male child namely, 16.04.2022; on account of matrimonial discord between the parties, the above mentioned petition came to be preferred at the instance of husband. Thereupon, the present application seeking transfer came to be filed by the petitioner-wife. Learned counsel for the petitioner, inter alia, contends that the petitioner wife has also filed maintenance application bearing MNT No. 125/ “Inderjit Kaur Vs. Gurjeet Singh” before the C Judge, Family Court, Kapurtahala and a petition under the provisions of Protection of Women from Domestic Violence Act, 2005 bearing TA-616-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-616-2025 Date of Decision: July 08, 2026 ........Petitioner ........Respondent HARKESH MANUJA Advocate for the petitioner. Advocate for the respondent. wife, by way of present application, seeks transfer of case Gurjeet Singh Vs. Inderjit Kaur”, filed of the Hindu Marriage Act, 1955 at the instance of respondent- learned Principal Judge, Family Court, Jalandhar, to the Court of learned Principal Judge, Family Court, Briefly stating, the marriage between the petitioner and respondent was edlock, a male child namely, Aman, ; on account of matrimonial discord between the parties, the above mentioned petition came to be preferred at the instance of , the present application seeking transfer Learned counsel for the petitioner, inter alia, contends that the petitioner- wife has also filed maintenance application bearing MNT No. 125/16/2025 before the Court of learned Principal Kapurtahala and a petition under the provisions of Protection of Women from Domestic Violence Act, 2005 bearing 2025 July 08, 2026 wife, by way of present application, seeks transfer of case ”, filed - , to the Court of learned Principal Judge, Family Court, Briefly stating, the marriage between the petitioner and respondent was , ; on account of matrimonial discord between the parties, the above mentioned petition came to be preferred at the instance of , the present application seeking transfer - /2025 ourt of learned Principal Kapurtahala and a petition under the provisions of Protection of Women from Domestic Violence Act, 2005 bearing TEJWINDER SINGH 2026.07.09 12:54 I agree to specified portions of this document 2 TA-616-2025 No.COMA/30/2025 titled “Inderjit Kaur Vs. Gurjeet Singh”. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of respondent-husband from Family Court, Jalandhar, Camp Court at Nakodar to Family Court, Kapurthala. [4] On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the petitioner. [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 the following two petitions which are pending adjudication before the Court of learned Principal Judge, Family Court, Kapurthala:- (1) Maintenance application bearing No. 125/16/2025 titled “Inderjit Kaur Vs. Gurjeet Singh”; and (2) petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 bearing NO. COMA/30/2025 titled “Inderjit Kaur Vs. Gurjeet Singh and Ors.” [7] As per the averments made in the present transfer application, the distance Jalandhar and Kapurthala is approximately 50 kilometres and petitioner-wife having no independent source of income would suffer immense inconvenience to travel to Kapurthala along with her minor son. [8] 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: “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. TEJWINDER SINGH 2026.07.09 12:54 I agree to specified portions of this document 3 TA-616-2025 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.” [9] Considering the aforesaid facts and circumstances, in the humble opinion of this Court, 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 9 of the Hindu Marriage Act i.e. HMA/60/2025, titled “Gurjeet Singh Vs. Inderjit Kaur”, filed by the respondent-husband, stands transferred from the Family Court, Jalandhar, Camp Court at Nakodar to the Court of competent jurisdiction at Family Court, Kapurthala. The requisite record of the aforesaid case be sent by the Family Court, Jalandhar, Camp Court at Nakodar to the Court concerned. At this stage, it may be noticed here that in case the respondent wishes to appear through his parents, he can apply for their presence before the learned trial Court through video conferencing. [10] Pending miscellaneous application(s), if any, shall also stand disposed of. 08.07.2026 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No TEJWINDER SINGH 2026.07.09 12:54 I agree to specified portions of this document