Research › Search › Judgment

High Court of Punjab and Haryana · body

2024 DAILYLAW 2643 (PNJ)

MONIKA RANI v. MANDEEP SINGH

TA/307/2024 · 2026-05-18

Nidhi Gupta

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

TA-307-202 IN THE HIG 102 1. Monika Ran Mandeep Sin 2. Mandeep Sin Monika Ran 3. Mandeep Sin Monika Ran CORAM: H Present: - NIDHI GUP 1. transfer of th the Hindu 2024 -1- E HIGH COURT OF PUNJAB AND HA TA-307-2024 a Rani Versus eep Singh CRM-M-55483-2025 eep Singh and another Versus a Rani CRM-M-55504-2025 eep Singh Versus a Rani Da M: HON'BLE MS. JUSTICE NIDH Mr. Ravi Malhotra, Advocate for the petitioner (in TA-307-20 for the respondent (in CRM-M N Mr. MS Batth, Advocate for the respondent (in TA-307 for the petitioner(s) (in CRM-M 55504-2025). I GUPTA, J. (ORAL) TA-307-2024 Prayer in this petition filed b r of the petition filed by respondent indu Marriage Act, 1955 (for sho ND HARYANA AT CHANDIGARH .…Petitioner .... Respondent .…Petitioners .... Respondent .…Petitioner .... Respondent Date of Decision: 18.05.2026 NIDHI GUPTA cate 2024) and M Nos. 55483 and 55504-2025). 307-2024) and M Nos. 55483 and filed by the petitioner-wife is for ndent-husband under Section 13 of or short ‘the Act’) bearing No. for 3 of No. RISHU KATARIA 2026.05.21 19:47 I attest to the accuracy and authenticity of this order/judgment. TA-307-202 HMA/668/20 Rani’, pendi Nagar to a C 2. Section 447 bearing No. under Sectio Act, 2005 ( before the l Judicial Mag 3. under Sectio petition bea respondent Family Cour Nagar. 1. this common parties; and sake of brev ‘Monika Ran their litigativ 2. petitioner s 2024 -2- /668/2023 (Annexure P-3) titled as ‘ pending before the learned Family C to a Court of competent jurisdiction at CRM-M-55483-2025 Present petition has been file 447 read with 528 of the BNSS 2 g No. COMA/2/2024 (Annexure P-2) Section 12 of the the Protection of Wo 005 (hereinafter referred to as ‘the the learned Judicial Magistrate Ist al Magistrate Ist Class, SBS Nagar. CRM-M-55504-2025 Present petition has been file Section 447 read with 528 of the n bearing No. MNT/125/21/2024 dent-wife under Section 125 Cr.P.C. y Court, Jalandhar to learned Family C All the aforementioned 03 petit mmon order being arisen out of mat ; and the facts and issues involved f brevity, the facts are being taken ka Rani vs. Mandeep Singh’, and parti tive status in the said petition. Learned counsel for the petiti ner seeks transfer of petition bea d as ‘Mandeep Singh vs. Monika mily Court, Shaheed Bhagat Singh tion at Jalandhar. en filed by the petitioners under NSS 2023, for transfer of petition 2) filed by the respondent-wife of Women from Domestic Violence s ‘the Act’), pending adjudication te Ist Class, Jalandhar to learned n filed by the petitioner-husband f the BNSS, 2023, for transfer of (Annexure P-3) filed by the r.P.C., pending before the learned amily Court, Shaheed Bhagat Singh petitions are being disposed of by of matrimonial dispute between the olved therein are identical. For the taken from TA-307-2024 titled as d parties are being referred to as per petitioner-wife submits that the n bearing No. HMA/668/2023 nika ingh nder ition wife tion rned r of the rned ingh f by the the d as per RISHU KATARIA 2026.05.21 19:47 I attest to the accuracy and authenticity of this order/judgment. TA-307-202 (Annexure P before the l Court of com grounds :- 3. allowed. 4. vehemently wife and sub 2024 -3- xure P-3) titled as ‘Mandeep Singh the learned Family Court, Shaheed of competent jurisdiction at Jalandhar i) The parties were married Sikh Religious Rites and ii) One daughter was born 26.02.2022 who is presen of respondent-husband. iii) Due to matrimonial disc separately since 06.06.20 iv) The petitioner has no sou dependent upon her paren v) The distance between petitioner-wife i.e. Jala proceedings filed by the Nagar is about 50 kilom difficult for her to freque Shaheed Bhagat Singh proceedings. vi) There are 02 cases fil pending adjudication bef details of which are as un (a) Case No. MNT12 for grant of maint learned Family Cou (b) Case No. COMA/ 12 of the Protectio Violence Act, 200 before the learned It is accordingly, prayed that Per Contra, learned counsel ently opposes the submissions of learn nd submits that admittedly the minor Singh vs. Monika Rani’, pending aheed Bhagat Singh Nagar to a ndhar, inter alia, on the following arried on 12.10.2020 according to es and Ceremonies. born out of the said wedlock on presently in the care and custody al discord the parties are residing .06.2022. no source of income and it totally parents. een place of residence of the Jalandhar and the place of y the respondent-husband at SBS kilometers on one side. It is very frequently travel from Jalandhar to ingh Nagar to attend the Court es filed by the petitioner wife on before the Courts at Jalandhar, e as under:- NT125/21/2024 (Annexure P-1) maintenance pending before the ily Court, Jalandhar. OMA/2/2024 filed under Section tection of Women from Domestic t, 2005 (Annexure P-2) pending arned JMIC, Jalandhar. that the present petition may be unsel for the respondent-husband f learned counsel for the petitioner- minor daughter is in the care and RISHU KATARIA 2026.05.21 19:47 I attest to the accuracy and authenticity of this order/judgment. TA-307-202 custody of daughter is s neck, diagn progressive Report (Ann the minor da take frequen attend the pr 5. submissions that petition transfer of Jalandhar to respondent bearing No regularly app 6. have heard l case file. I respondent. 7. that no exte petitioner-wi position to tr Nagar and th hand, respon 2024 -4- y of the respondent. It is further ter is suffering from ‘H/O swelling ov iagnosed as Hemangioma on USG sive increase in the size of the lesi t (Annexure R-1). Therefore, the resp inor daughter to the hospital for treatm requent travel from Shaheed Bhagat he proceedings. Learned counsel for the ssions of learned counsel for the respo etitions bearing CRM-M Nos. 5548 r of 02 aforementioned petitions (A har to Shaheed Bhagat Singh Nagar N dent-husband as a counter-blast to g No. TA-307-2024. Moreover, rly appearing in the matters pending at No other argument has been m eard learned counsel for the parties a ile. I find merit in the submissions dent. In view of the facts as enumer o extenuating circumstances have b wife, on the basis of which it is n to travel the short distance of 50 Km and that too not daily but only on the respondent has to single-handedly tak rther pointed out that the minor g over the posterior aspect of the USG, on Propranolol, there is lesion’, as is evident from MRI e respondent has to frequently take treatment. As such, he is unable to hagat Singh Nagar to Jalandhar to the petitioner controverts the respondent-husband by submitting . 55483 and 55504-2025 seeking ions (Annexure P-1 to P-2) from agar Nagar have been filed by the st to the present transfer petition , the respondent-husband is ding at Jalandhar. een made on behalf of the parties. I rties and carefully gone through the issions advanced on behalf of the numerated above, I am of the view ave been brought to light by the h it is shown that she is not in a 50 Kms. to Shaheed Bhagat Singh n the dates of hearing. On the other ly take care of his daughter who is I the the RISHU KATARIA 2026.05.21 19:47 I attest to the accuracy and authenticity of this order/judgment. TA-307-202 suffering fro such onerous 8. cases of tran wife. Howev Supreme Co such case wh Vs. Srijit circumstance petition filed to two cases dismissed tra no. 126 of 2 TA No. 299 9. present case finding no m dismissed; 55483-2025 following co 2024 -5- ing from serious medical issues. The nerous responsibility upon her. This Court is well aware of t of transfer emanating from matrimoni However, in certain similar cases as me Court, as well as this Court have r ase which may be referred to is: (2006 rijit Das’ wherein Hon’ble Sup stances dismissed the wife’s appl n filed by the husband.Reference in t cases of this Court where, in similar sed transfer applications filed on beha 6 of 2018 Smt. Akhwinder Kaur V o. 299 of 2019 Nisha alias Manisha v Accordingly, in view of the fa t case as noted above, as also the prec g no merit in petition bearing No. TA ; whereas remaining two petiti 2025 and CRM-M-55504-2025 ar ing conditions:- a) The petitions filed by COMA/2/2024 under Sec as ‘Monika Rani vs. M pending adjudication b Jalandhar (CRM-M-554 125/21/2024 titled as ‘ Singh’ filed under Sectio maintenance pending b Court, Jalandhar (C transferred to the Courts Nagar. . The petitioner has not shown any e of the preponderance of law in imonial disputes is in favour of the es as the present one, the Hon’ble have refused relief to the wife. One 06) 9 SCC 197 ‘Anindita Das Supreme Court under similar application seeking transfer of ce in this regard may also be made imilar circumstances this Court had n behalf of the wife. These are: TA aur Vs. Sh. Gurpreet Singh; and isha vs. Amarveer Yadav. the facts and circumstances of the e precedents of Case law as above, o. TA-307-2024 the same is hereby petitions bearing Nos. CRM-M- 25 are allowed; subject to the ed by the wife bearing Nos. er Section 12 of the DV Act titled Mandeep Singh and another’ tion before the learned JMIC, 55483-2025); and No. MNT/ as ‘Monika Rani vs. Mandeep Section 125 Cr.P.C. for grant of ing before the learned Family r (CRM-M-55504-2025) are ourts of at Shaheed Bhagat Singh RISHU KATARIA 2026.05.21 19:47 I attest to the accuracy and authenticity of this order/judgment. TA-307-202 10. make all e Conciliation settlement be 11. between the calendar mon 12. 13. connected ca 18.05.2026 rishu 2024 -6- b) The learned District Jud transfer complete recor aforesaid cases to Distr Singh Nagar. c) The parties are directed t Judge, Shaheed Bhagat S d) The District Judge, Shahe assign both the aforesaid competent jurisdiction. The concerned Court at Shahe all endeavour to refer the cases liation Centre for exploring the po ent between the parties. The Court concerned, where en the parties, will accommodate t ar month. Pending application(s), if any, s A photocopy of this order be cted cases. 2026 Whether speaking/reasoned Whether Reportable ct Judge, Jalandhar is directed to records pertaining to both the District Judge, Shaheed Bhagat ted to appear before the District agat Singh Nagar on 19.06.2026. Shaheed Bhagat Singh Nagar will oresaid petitions to the Courts of Shaheed Bhagat Singh Nagar will s before the Mediation and the possibility of some amicable where the litigation is pending date them with one date in one any, shall also stand disposed of. er be placed on the files of other ( NIDHI GUPTA ) JUDGE Yes/No Yes/No ther RISHU KATARIA 2026.05.21 19:47 I attest to the accuracy and authenticity of this order/judgment.