IN THE HIGH COURT OF PUNJAB AND HARYANA 121-I Jaswinder Kaur Manpreet Kaur and others CORAM: Present:- NIDHI GUPTA J. (Oral) 1. of the complaint bearing No.COMA/86/2022 titled as “Manpreet Kaur vs. Jatindervir Singh and others” (Annexure P respondent No.1 under Section 12 seeking reliefs under Sections 17, 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005 (for short, ‘the DV Act’), pending before the Court of learned Judicial Magistrate 1st Class, Malerkotla, to a Court of competent jurisdiction at Kharar, District S.A.S. Nagar (M 2. the applicant was married to respondent No.1 on 27.03.2022. It is submitted that the son of the applicant ordinarily resides and is employed in Canada and had left for Canada on 05.05.2022, Transfer Application No.1347 of 2024 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application Date of decision :-22.05.2026 Jaswinder Kaur Versus Manpreet Kaur and others CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. S.K. Arora, Advocate for the applicant. Mr. G.S. Nahel, Advocate for the contesting respondent No.1. NIDHI GUPTA J. (Oral) Prayer in the present Transfer Application is for transfer of the complaint bearing No.COMA/86/2022 titled as “Manpreet Kaur vs. Jatindervir Singh and others” (Annexure P respondent No.1 under Section 12 seeking reliefs under Sections 17, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005 (for short, ‘the DV Act’), pending before the Court of learned Judicial Magistrate 1st Class, Malerkotla, to a Court of competent jurisdiction at Kharar, District S.A.S. Nagar (M Learned counsel for the applicant submits that the son of the applicant was married to respondent No.1 on 27.03.2022. It is submitted that the son of the applicant ordinarily resides and is employed in Canada and had left for Canada on 05.05.2022, 1347 of 2024 (O & M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No.1347 of 2024 (O & M) .05.2026 …..Applicant …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA for the contesting respondent No.1. Prayer in the present Transfer Application is for transfer of the complaint bearing No.COMA/86/2022 titled as “Manpreet Kaur vs. Jatindervir Singh and others” (Annexure P-2), filed by respondent No.1 under Section 12 seeking reliefs under Sections 17, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005 (for short, ‘the DV Act’), pending before the Court of learned Judicial Magistrate 1st Class, Malerkotla, to a Court of competent jurisdiction at Kharar, District S.A.S. Nagar (Mohali). Learned counsel for the applicant submits that the son of the applicant was married to respondent No.1 on 27.03.2022. It is submitted that the son of the applicant ordinarily resides and is employed in Canada and had left for Canada on 05.05.2022, shortly VIJAY ASIJA 2026.05.25 20.31 I attest to the accuracy and integrity of this document after the marriage. It is further submitted that respondent No.1 also left the matrimonial home on 24.07.2022 and started residing at her parental home. No child has been born out of the wedlock. 3. Section 12 of the DV Act instituted by respondent No.1 against her husband, the present applicant be transferred from Malerkotla to Kharar, District S.A.S. Nagar (Mohali), primarily on the ground that the applica aged more than 58 years and is suffering from various age ailments. It is argued that the matrimonial home of respondent No.1 was admittedly situated at Kharar and, therefore, the dispute substantially relates to the said juri the distance between Malerkotla and Kharar is approximately 100 kilometers one side, making it difficult for the applicant to undertake frequent travel in view of her age and medical condition. 4. respondent No.1 has vehemently opposed the present transfer application. It is submitted that the applicant was previously employed as a teacher in a Government school and is presently drawing pensionary benefits, whereas responde independent source of income. It is further argued that under the provisions of the DV Act, the aggrieved person is entitled to institute proceedings at a place permissible under law and the same need not necessarily be confined to the place Learned counsel has also pointed out that proceedings under Section Transfer Application No.1347 of 2024 (O & M) after the marriage. It is further submitted that respondent No.1 also left the matrimonial home on 24.07.2022 and started residing at her parental home. No child has been born out of the wedlock. Learned counsel further submits that the complaint Section 12 of the DV Act instituted by respondent No.1 against her husband, the present applicant, and other family members deserves to be transferred from Malerkotla to Kharar, District S.A.S. Nagar (Mohali), primarily on the ground that the applica aged more than 58 years and is suffering from various age ailments. It is argued that the matrimonial home of respondent No.1 was admittedly situated at Kharar and, therefore, the dispute substantially relates to the said jurisdiction. It is also contended that the distance between Malerkotla and Kharar is approximately 100 kilometers one side, making it difficult for the applicant to undertake frequent travel in view of her age and medical condition. Per contra, learned couns respondent No.1 has vehemently opposed the present transfer application. It is submitted that the applicant was previously employed as a teacher in a Government school and is presently drawing pensionary benefits, whereas responde independent source of income. It is further argued that under the provisions of the DV Act, the aggrieved person is entitled to institute proceedings at a place permissible under law and the same need not necessarily be confined to the place where the cause of action arose. Learned counsel has also pointed out that proceedings under Section 1347 of 2024 (O & M) 2 after the marriage. It is further submitted that respondent No.1 also left the matrimonial home on 24.07.2022 and started residing at her parental home. No child has been born out of the wedlock. Learned counsel further submits that the complaint under Section 12 of the DV Act instituted by respondent No.1 against her and other family members deserves to be transferred from Malerkotla to Kharar, District S.A.S. Nagar (Mohali), primarily on the ground that the applicant is an elderly lady aged more than 58 years and is suffering from various age-related ailments. It is argued that the matrimonial home of respondent No.1 was admittedly situated at Kharar and, therefore, the dispute sdiction. It is also contended that the distance between Malerkotla and Kharar is approximately 100 kilometers one side, making it difficult for the applicant to undertake frequent travel in view of her age and medical condition. , learned counsel appearing on behalf of respondent No.1 has vehemently opposed the present transfer application. It is submitted that the applicant was previously employed as a teacher in a Government school and is presently drawing pensionary benefits, whereas respondent No.1 has no independent source of income. It is further argued that under the provisions of the DV Act, the aggrieved person is entitled to institute proceedings at a place permissible under law and the same need not where the cause of action arose. Learned counsel has also pointed out that proceedings under Section VIJAY ASIJA 2026.05.25 20.31 I attest to the accuracy and integrity of this document 125 Cr.P.C. initiated by respondent No.1 are already pending at Malerkotla. No.1 that the husband h Hindu Marriage Act through the present app of her son. 5. the applicant is not a party to the proceedings instituted by respondent No.1 under Section 125 Cr.P.C. and, therefore, pendency of the said proceedings at Malerkotla cannot be construed as a grou the present prayer for transfer. 6. carefully gone through the paper 7. material available on record, this Court is of the considered that the applicant has been able to make out a sufficient ground for transfer of the complaint in question from Malerkotla to Kharar, District S.A.S. Nagar (Mohali). 8. and is an elderly lad The inconvenience likely to be caused to the applicant in travelling repeatedly from Kharar to Malerkotla for attending the proceedings cannot be ignored. On the other hand, except for asserting pendency of proceedings under Section 125 Cr.P.C. at Malerkotla, respondent No.1 has not been able to point out any compelling or exceptional Transfer Application No.1347 of 2024 (O & M) 125 Cr.P.C. initiated by respondent No.1 are already pending at Malerkotla. It is also submitted by learned counsel for respondent No.1 that the husband has filed the petition under Section 12 of the Hindu Marriage Act through the present app son. In rebuttal, learned counsel for the applicant submits that the applicant is not a party to the proceedings instituted by respondent No.1 under Section 125 Cr.P.C. and, therefore, pendency of the said proceedings at Malerkotla cannot be construed as a grou the present prayer for transfer. I have heard learned counsel for the parties and have carefully gone through the paper-book. Upon consideration of the rival submissions and the material available on record, this Court is of the considered that the applicant has been able to make out a sufficient ground for transfer of the complaint in question from Malerkotla to Kharar, District S.A.S. Nagar (Mohali). It is not disputed that the applicant is residing at Kharar and is an elderly lady stated to be suffering from age The inconvenience likely to be caused to the applicant in travelling repeatedly from Kharar to Malerkotla for attending the proceedings cannot be ignored. On the other hand, except for asserting pendency of proceedings under Section 125 Cr.P.C. at Malerkotla, respondent No.1 has not been able to point out any compelling or exceptional 1347 of 2024 (O & M) 3 125 Cr.P.C. initiated by respondent No.1 are already pending at It is also submitted by learned counsel for respondent as filed the petition under Section 12 of the Hindu Marriage Act through the present applicant, who is GPA holder In rebuttal, learned counsel for the applicant submits that the applicant is not a party to the proceedings instituted by respondent No.1 under Section 125 Cr.P.C. and, therefore, pendency of the said proceedings at Malerkotla cannot be construed as a ground to decline I have heard learned counsel for the parties and have Upon consideration of the rival submissions and the material available on record, this Court is of the considered opinion that the applicant has been able to make out a sufficient ground for transfer of the complaint in question from Malerkotla to Kharar, It is not disputed that the applicant is residing at Kharar y stated to be suffering from age-related ailments. The inconvenience likely to be caused to the applicant in travelling repeatedly from Kharar to Malerkotla for attending the proceedings cannot be ignored. On the other hand, except for asserting pendency of proceedings under Section 125 Cr.P.C. at Malerkotla, respondent No.1 has not been able to point out any compelling or exceptional VIJAY ASIJA 2026.05.25 20.31 I attest to the accuracy and integrity of this document circumstance which may outweigh the hardship pleaded by the applicant. 9. Court is satisfied that ends of justice would be adequately served by transferring the proceedings in question to the competent Court at Kharar, District S.A.S. Nagar (Mohali). 10. allowed subjec Transfer Application No.1347 of 2024 (O & M) circumstance which may outweigh the hardship pleaded by the applicant. In the peculiar facts and circumstances of the case Court is satisfied that ends of justice would be adequately served by transferring the proceedings in question to the competent Court at Kharar, District S.A.S. Nagar (Mohali). Consequently, the present Transfer Application is allowed subject to the following directions: a) The complaint/petition filed by respondent No.1 under Section 12 of the DV Act bearing No.COMA/86/2022 titled as “Manpreet Kaur vs. Jatindervir Singh and others”, pending before the Court of learned Judicial Magistrate 1st Malerkotla, is hereby transferred to a Court of competent jurisdiction at Kharar, District S.A.S. Nagar (Mohali). b) The learned District & Sessions Judge, Malerkotla is directed to transmit the complete record pertaining to the aforesaid case to t learned District & Sessions Judge, S.A.S. Nagar (Mohali). c) The parties are directed to appear before the learned District & Sessions Judge, S.A.S. Nagar (Mohali) on 23.06.2026. d) Upon receipt of the record, the learned District & Sessions Judge, S.A.S. Nagar (Mohali) shall assign the matter to the Court of competent jurisdiction in accordance with law. 1347 of 2024 (O & M) 4 circumstance which may outweigh the hardship pleaded by the In the peculiar facts and circumstances of the case, this Court is satisfied that ends of justice would be adequately served by transferring the proceedings in question to the competent Court at Consequently, the present Transfer Application is e following directions:- The complaint/petition filed by respondent No.1 under Section 12 of the DV Act bearing No.COMA/86/2022 titled as “Manpreet Kaur vs. Jatindervir Singh and others”, pending before the Court of learned Judicial Magistrate 1st Class, Malerkotla, is hereby transferred to a Court of competent jurisdiction at Kharar, District S.A.S. The learned District & Sessions Judge, Malerkotla is directed to transmit the complete record pertaining to the aforesaid case to the learned District & Sessions Judge, S.A.S. Nagar The parties are directed to appear before the learned District & Sessions Judge, S.A.S. Nagar (Mohali) on 23.06.2026. Upon receipt of the record, the learned District & A.S. Nagar (Mohali) shall assign the matter to the Court of competent jurisdiction in accordance with law. VIJAY ASIJA 2026.05.25 20.31 I attest to the accuracy and integrity of this document 11. make an endeavour to refer the parties to the Mediation and Conciliation Centre with a view t amicable settlement between them. 12. litigation between the parties is pending, shall endeavour to accommodate the parties with one effective date in one calendar month. 13. stand disposed of. May 22, 202 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No Transfer Application No.1347 of 2024 (O & M) The Court concerned at S.A.S. Nagar (Mohali) shall also make an endeavour to refer the parties to the Mediation and Conciliation Centre with a view to explore the possibility of an amicable settlement between them. It is further directed that the Court concerned, where the litigation between the parties is pending, shall endeavour to accommodate the parties with one effective date in one calendar Pending miscellaneous application(s), if any, shall also stand disposed of. , 2026 Whether speaking/reasoned Yes / No Whether Reportable Yes / No 1347 of 2024 (O & M) 5 The Court concerned at S.A.S. Nagar (Mohali) shall also make an endeavour to refer the parties to the Mediation and o explore the possibility of an It is further directed that the Court concerned, where the litigation between the parties is pending, shall endeavour to accommodate the parties with one effective date in one calendar Pending miscellaneous application(s), if any, shall also ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.05.25 20.31 I attest to the accuracy and integrity of this document