TA No.358 of 202 IN THE HIGH COURT OF PUNJAB AND HARYANA Tarundeep Kaur Vs Jagtar Singh CORAM: HON'BLE MR. Present: Mr. for the applicant Mr. Rahul Sharma, Advocate for the respondent. HARKESH MANUJA, J. (Oral) The applicant petition bearing No. MNT /58/2022, titled Vs. Jagtar Singh referred as “petition Court of learned holding Camp Court at Amloh to Mohali. [2] Briefly stating, the marriage between the petitioner and respondent was solemnized on discord between the parties, the above mentioned petition came to be preferred at the instance of pending before the Court of competent jurisdiction at Mohali, t 2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. Date of Decision: 16 aur & anr. Vs HON'BLE MR. JUSTICE HARKESH MANUJA Mr.Raman Mohinder, Advocate for the applicants/petitioners. Mr. Rahul Sharma, Advocate for the respondent. **** HARKESH MANUJA, J. (Oral) The applicant-wife, by way of present case, seeks transfer of bearing No. MNT /58/2022, titled “ Vs. Jagtar Singh”, filed under Section 125 Cr.P.C. petition”) at the instance of Court of learned Additional Principal Judge, Family Court, Fatehgarh Sahib holding Camp Court at Amloh to the Court Briefly stating, the marriage between the petitioner and respondent was solemnized on 19.04.2019 discord between the parties, the above mentioned petition came to be preferred at the instance of applicant-petitioner pending before the Court of competent jurisdiction at Mohali, t IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 358 of 2024 (O&M) 16.07.2026 ......Petitioners …..Respondent JUSTICE HARKESH MANUJA wife, by way of present case, seeks transfer of “Tarundeep Kaur and another 125 Cr.P.C. (hereinafter to be ) at the instance of applicant/ petitioner; from the Additional Principal Judge, Family Court, Fatehgarh Sahib the Court of competent jurisdiction at Briefly stating, the marriage between the petitioner and 19.04.2019; on account of matrimonial discord between the parties, the above mentioned petition came to be petitioner. Since other case is pending before the Court of competent jurisdiction at Mohali, thereupon, 1 wife, by way of present case, seeks transfer of and another hereinafter to be ; from the Additional Principal Judge, Family Court, Fatehgarh Sahib of competent jurisdiction at Briefly stating, the marriage between the petitioner and trimonial discord between the parties, the above mentioned petition came to be Since other case is hereupon, SANJAY GUPTA 2026.07.20 10:14 I attest to the accuracy and integrity of this document TA No.358 of 202 the present application seeking t applicant-wife. [3] Learned counsel for the applicant, applicant-wife is residing prayer is made for transfer of the above mentioned petition filed applicant- petitioner Court at Amloh to the Court of competent jurisdiction at Mohali [4] Learned prayer made on behalf of the applicant. [5] I have heard learned counsel for the the paper-book. [6] In the present case, admittedly, the applicant complaint case bearing COMA/45/2024, under Protection of Women from Domestic Violence Act, 2005, SAS Nagar, Mohali. application seeking transfer of petit Act, 1955, filed at the instance of respondent allowed by this Court vide order of even date. [7] As per the averments made in the present transfer application, the applicant-wife is residing marriage at Mohali [8] Furthermore, the Hon’ble Supreme Court in the case of Manjula Singh Chouhan “2019 (13) SCC 660” 2024 the present application seeking transfer thereof wife. Learned counsel for the applicant, wife is residing separately at SAS Nagar Mohali prayer is made for transfer of the above mentioned petition filed petitioner from the Court of Additional Principal Judge, Camp Court at Amloh to the Court of competent jurisdiction at Mohali earned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant. I have heard learned counsel for the book. In the present case, admittedly, the applicant complaint case bearing COMA/45/2024, under Protection of Women from Domestic Violence Act, 2005, before the Court of competent jurisdiction at SAS Nagar, Mohali. Further, the applicant- application seeking transfer of petition under Section 11 of Hindu Marriage Act, 1955, filed at the instance of respondent allowed by this Court vide order of even date. As per the averments made in the present transfer application, wife is residing with his son, who was born from the earlier marriage at Mohali. Furthermore, the Hon’ble Supreme Court in the case of Manjula Singh Chouhan Versus Vishal Singh Chouhan 2019 (13) SCC 660” held that in the interest of both the parties, all thereof came to be filed by the Learned counsel for the applicant, inter alia, contends that the separately at SAS Nagar Mohali. Accordingly, a prayer is made for transfer of the above mentioned petition filed by the Additional Principal Judge, Camp Court at Amloh to the Court of competent jurisdiction at Mohali. respondent vehemently opposes the I have heard learned counsel for the parties and gone through In the present case, admittedly, the applicant-wife has filed complaint case bearing COMA/45/2024, under Protection of Women from before the Court of competent jurisdiction at -wife has also preferred another ion under Section 11 of Hindu Marriage Act, 1955, filed at the instance of respondent- husband, which stands allowed by this Court vide order of even date. As per the averments made in the present transfer application, ith his son, who was born from the earlier Furthermore, the Hon’ble Supreme Court in the case of Vishal Singh Chouhan, reported as held that in the interest of both the parties, all 2 came to be filed by the the . Accordingly, a by the Additional Principal Judge, Camp respondent vehemently opposes the and gone through wife has filed a complaint case bearing COMA/45/2024, under Protection of Women from before the Court of competent jurisdiction at wife has also preferred another ion under Section 11 of Hindu Marriage husband, which stands As per the averments made in the present transfer application, ith his son, who was born from the earlier Furthermore, the Hon’ble Supreme Court in the case of reported as held that in the interest of both the parties, all SANJAY GUPTA 2026.07.20 10:14 I attest to the accuracy and integrity of this document TA No.358 of 202 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 extracted hereunder: “3. 4. 5. [9] Considering the aforesaid facts and circumstances, in the humble opinion of under the Protection of Women from Domestic Violence Act, filed at the instance of applicant is pending at SAS Nagar, Mohali, under Section 11 of the Hindu marriage Act already stands SAS Nagar, Mohali, that the petition under Section 125 Cr.P.C. filed at the instance of applicant petitioner be heard together [10] Consequently, the transfer application is petition under Section Kaur and another Vs. Jagtar Singh stands transferred from the Court of 2024 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 extracted hereunder: 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. 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. Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal.” Considering the aforesaid facts and circumstances, in the humble opinion of this Court since a criminal case under the Protection of Women from Domestic Violence Act, filed at the instance of applicant is pending at SAS Nagar, Mohali, under Section 11 of the Hindu marriage Act already stands SAS Nagar, Mohali, therefore, it would be in the interest of both the parties the petition under Section 125 Cr.P.C. filed at the instance of applicant be heard together at the same place Consequently, the transfer application is petition under Section 125 Cr.P.C i.e. M Kaur and another Vs. Jagtar Singh”, filed by the stands transferred from the Court of learned 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 extracted hereunder:- 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 he 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 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 Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal.” Considering the aforesaid facts and circumstances, in the criminal case bearing COMA-45/2024, under the Protection of Women from Domestic Violence Act, filed at the instance of applicant is pending at SAS Nagar, Mohali, and the petition under Section 11 of the Hindu marriage Act already stands transferred to it would be in the interest of both the parties the petition under Section 125 Cr.P.C. filed at the instance of applicant at the same place. Consequently, the transfer application is allowed and the MNT/58/2022, titled “Tarundeep filed by the applicant-petitioner learned Additional Principal Judge, 3 connected matrimonial proceedings should ordinarily be heard by the same Court and accordingly, allowed the transfer application therein. Relevant 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 he 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 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 Therefore, H.M.A. Case No.71/2016 is transferred from Considering the aforesaid facts and circumstances, in the 45/2024, under the Protection of Women from Domestic Violence Act, filed at the and the petition transferred to it would be in the interest of both the parties the petition under Section 125 Cr.P.C. filed at the instance of applicant- and the Tarundeep petitioner, Principal Judge, SANJAY GUPTA 2026.07.20 10:14 I attest to the accuracy and integrity of this document TA No.358 of 202 Family Court, Camp at Amloh Nagar, Mohali. Family Court, Amloh to the Court of Competent jurisdiction at Mohali. [11] Pending miscell disposed of. 16.07.2026 sanjay Whether speaking/reasoned Whether reportable 2024 Camp at Amloh to the Court of Nagar, Mohali. The requisite record of the aforesaid case be sent by the Amloh to the Court of Competent jurisdiction at Mohali. Pending miscellaneous application(s), if any, shall also stand Whether speaking/reasoned Whether reportable to the Court of competent jurisdiction at SAS The requisite record of the aforesaid case be sent by the Amloh to the Court of Competent jurisdiction at Mohali. aneous application(s), if any, shall also stand (HARKESH MANUJA) JUDGE Yes/No Yes/No 4 competent jurisdiction at SAS The requisite record of the aforesaid case be sent by the aneous application(s), if any, shall also stand SANJAY GUPTA 2026.07.20 10:14 I attest to the accuracy and integrity of this document