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2024 DAILYLAW 2837 (PNJ)

GURUPRIYA SINGH BHANOT v. AMIT SINGH BHANOT

TA/1616/2024 · 2026-07-09

Harkesh Manuja

body2024

Judgment text

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TA No. TA No. TA No. TA No.1616 of 2024 1616 of 2024 1616 of 2024 1616 of 2024 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA 267 GURUPRIYA SINGH BHANOT GURUPRIYA SINGH BHANOT GURUPRIYA SINGH BHANOT GURUPRIYA SINGH BHANOT Vs Vs Vs Vs AMIT SINGH BHANOT AMIT SINGH BHANOT AMIT SINGH BHANOT AMIT SINGH BHANOT CORAM: CORAM: CORAM: CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. for the applicant. Mr. Sandeep Arora, Advocate for the respondent. HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) [1]. [1]. [1]. [1]. The petition bearing “ Act, 1955 (hereinafter to be referred as “divorce petition” hereinafter to be referred as “divorce petition” hereinafter to be referred as “divorce petition” hereinafter to be referred as “divorce petition” Bhanot vs. Smt. Gurupriya Singh Bhanot’ from the Court of Court of competent jurisdiction at Gurugram. [2] [2] [2] [2].... Briefly stating, the marriage between the was solemnized on Singh Bhanot, was born on between the parties, the above mentioned divorce petition came to be the instance of respondent transfer thereof ca 1616 of 2024 1616 of 2024 1616 of 2024 1616 of 2024 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH Transfer Application No. ransfer Application No. ransfer Application No. ransfer Application No. Date of Decision: Date of Decision: Date of Decision: Date of Decision: GURUPRIYA SINGH BHANOT GURUPRIYA SINGH BHANOT GURUPRIYA SINGH BHANOT GURUPRIYA SINGH BHANOT AMIT SINGH BHANOT AMIT SINGH BHANOT AMIT SINGH BHANOT AMIT SINGH BHANOT HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Atul Yadav, Advocate for the applicant. Mr. Sandeep Arora, Advocate for the respondent. **** HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) The applicant-wife, by way of present bearing “HMA/550/2023 HMA/550/2023 HMA/550/2023 HMA/550/2023”””” filed under Section 13 of the Hindu hereinafter to be referred as “divorce petition” hereinafter to be referred as “divorce petition” hereinafter to be referred as “divorce petition” hereinafter to be referred as “divorce petition” Bhanot vs. Smt. Gurupriya Singh Bhanot’ at the from the Court of learned Principal Judge, Family Court, competent jurisdiction at Gurugram. Briefly stating, the marriage between the was solemnized on 05.02.2016; out of their wedlock, a , was born on 24.10.2019; on account of matrimonial discord between the parties, the above mentioned divorce petition came to be the instance of respondent-husband. Thereupon came to be filed by the applicant IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH ransfer Application No. ransfer Application No. ransfer Application No. ransfer Application No.1616 1616 1616 1616 of 202 of 202 of 202 of 2024444 (O&M) (O&M) (O&M) (O&M) Date of Decision: Date of Decision: Date of Decision: Date of Decision: 09 09 09 09.07.2026 .07.2026 .07.2026 .07.2026 ...... ...... ...... ......Applicant Applicant Applicant Applicant …..Respondent(s) …..Respondent(s) …..Respondent(s) …..Respondent(s) HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA wife, by way of present application, seeks transfer of filed under Section 13 of the Hindu Marriage hereinafter to be referred as “divorce petition” hereinafter to be referred as “divorce petition” hereinafter to be referred as “divorce petition” hereinafter to be referred as “divorce petition”) titled ‘Amit Singh at the instance of respondent-husband; Family Court, Panchkula to the learned Briefly stating, the marriage between the applicant and respondent ; out of their wedlock, a male child namely, .10.2019; on account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at Thereupon, the present application seeking applicant-wife. 1 transfer of Marriage Amit Singh husband; learned respondent namely, Jai .10.2019; on account of matrimonial discord preferred at application seeking MOHMED ATIK 2026.07.14 10:14 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.1616 of 2024 1616 of 2024 1616 of 2024 1616 of 2024 [3]. Learned counsel for the applicant-wife is residing at New Delhi, whereas the divorce petition filed at the instance of the respondent is pending at Panchkula which is at distance of almost 250 kilometers. Moreover the petitioner is taking care of her child aged 7 years, who is studying in Delhi mentioned divorce petition filed at the instance of Court of learned Principal Judge, competent jurisdiction at Gurugram. [4]. [4]. [4]. [4]. On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the [[[[5555].].].]. I have heard learned counsel for the parties and gone through the paper-book. [[[[6666].].].]. As per the averments made in the present applicant-wife is residing with her widow mother, who in turn is receiving pension as against her deceased husband, who happened to be the Govt. employee. The applicant has no independent source of income. The applicant difficulty in bearing the litigation charges and travelling expenses said case as there is a distance of Panchkula and New Delhi mother. [[[[7777].].].]. Further, reliance can be placed upon the judgments passed in the case(s) of Sumita Singh vs. Kumar Sanjay Sumita Singh vs. Kumar Sanjay Sumita Singh vs. Kumar Sanjay Sumita Singh vs. Kumar Sanjay Kishor Pardeshivs Kishor Babulal Pardesh Kishor Pardeshivs Kishor Babulal Pardesh Kishor Pardeshivs Kishor Babulal Pardesh Kishor Pardeshivs Kishor Babulal Pardesh wherein the Hon’ble Apex Court has observed that while 1616 of 2024 1616 of 2024 1616 of 2024 1616 of 2024 Learned counsel for the applicant is residing at New Delhi, whereas the divorce petition filed at the instance of the respondent is pending at Panchkula which is at distance of almost 250 kilometers. Moreover the petitioner is taking care of her child aged 7 years, who is studying in Delhi. Accordingly, a prayer is made for mentioned divorce petition filed at the instance of Court of learned Principal Judge, Family Court, competent jurisdiction at Gurugram. On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant I have heard learned counsel for the parties and gone through the As per the averments made in the present wife is residing with her widow mother, who in turn is receiving pension as against her deceased husband, who happened to be the Govt. employee. The has no independent source of income. The applicant in bearing the litigation charges and travelling expenses said case as there is a distance of approximately New Delhi and for the financials, she is totally dependent upon her Further, reliance can be placed upon the judgments passed in the Sumita Singh vs. Kumar Sanjay Sumita Singh vs. Kumar Sanjay Sumita Singh vs. Kumar Sanjay Sumita Singh vs. Kumar Sanjay reported as Kishor Pardeshivs Kishor Babulal Pardesh Kishor Pardeshivs Kishor Babulal Pardesh Kishor Pardeshivs Kishor Babulal Pardesh Kishor Pardeshivs Kishor Babulal Pardeshiiii reported as wherein the Hon’ble Apex Court has observed that while applicant, inter alia, contends that the is residing at New Delhi, whereas the divorce petition filed at the instance of the respondent is pending at Panchkula which is at distance of almost 250 kilometers. Moreover the petitioner is taking care of her child aged 7 years, Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent-husband from the Family Court, Panchkula to the learned Court of On the other hand, learned counsel for the respondent vehemently applicant. I have heard learned counsel for the parties and gone through the As per the averments made in the present transfer application, the wife is residing with her widow mother, who in turn is receiving pension as against her deceased husband, who happened to be the Govt. employee. The has no independent source of income. The applicant is facing great in bearing the litigation charges and travelling expenses in pursuing approximately 250 Kilometers between and for the financials, she is totally dependent upon her Further, reliance can be placed upon the judgments passed in the reported as “2002 SC 396 “2002 SC 396 “2002 SC 396 “2002 SC 396” and Rajani Rajani Rajani Rajani reported as “2005(12) SCC 237” “2005(12) SCC 237” “2005(12) SCC 237” “2005(12) SCC 237” wherein the Hon’ble Apex Court has observed that while deciding the transfer 2 , contends that the is residing at New Delhi, whereas the divorce petition filed at the instance of the respondent is pending at Panchkula which is at distance of almost 250 kilometers. Moreover the petitioner is taking care of her child aged 7 years, transfer of the above from the Court of On the other hand, learned counsel for the respondent vehemently I have heard learned counsel for the parties and gone through the transfer application, the wife is residing with her widow mother, who in turn is receiving pension as against her deceased husband, who happened to be the Govt. employee. The great the Kilometers between and for the financials, she is totally dependent upon her Further, reliance can be placed upon the judgments passed in the Rajani Rajani Rajani Rajani “2005(12) SCC 237” “2005(12) SCC 237” “2005(12) SCC 237” “2005(12) SCC 237”, deciding the transfer MOHMED ATIK 2026.07.14 10:14 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.1616 of 2024 1616 of 2024 1616 of 2024 1616 of 2024 application, the Courts are required to give more the convenience of the female Court to another convenience and the Courts should desist from putting female undue hardships. [8]. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, it abovementioned divorce petition be heard by the jurisdiction at Gurugram divorce petition under Section 13 of the Bhanot vs. Smt. Gurupriya Singh Bhanot Bhanot vs. Smt. Gurupriya Singh Bhanot Bhanot vs. Smt. Gurupriya Singh Bhanot Bhanot vs. Smt. Gurupriya Singh Bhanot transferred from the Court of learned Principal Judge, the learned Court of the aforesaid case be sent by the concerned. [9]. Pending miscellaneous application(s), if any, shall also stand disposed of. July July July July 09 09 09 09, , , , 20 20 20 2026 26 26 26 Atik Whether speaking/reasoned Whether reportable 1616 of 2024 1616 of 2024 1616 of 2024 1616 of 2024 application, the Courts are required to give more the convenience of the female litigants and transfer of legal proceedings from one her should ordinarily be allowed, taking into consideration their convenience and the Courts should desist from putting female undue hardships. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, it would be in the interest of both the parties that abovementioned divorce petition be heard by the jurisdiction at Gurugram. Consequently the transfer application is divorce petition under Section 13 of the Hindu Marriage Bhanot vs. Smt. Gurupriya Singh Bhanot Bhanot vs. Smt. Gurupriya Singh Bhanot Bhanot vs. Smt. Gurupriya Singh Bhanot Bhanot vs. Smt. Gurupriya Singh Bhanot””””, filed by the respondent from the Court of learned Principal Judge, Court of competent jurisdiction at Gurugram the aforesaid case be sent by the learned Family Court, Pending miscellaneous application(s), if any, shall also stand disposed (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) Whether speaking/reasoned Yes/No Whether reportable Yes/No application, the Courts are required to give more weightage and consideration to litigants and transfer of legal proceedings from one should ordinarily be allowed, taking into consideration their convenience and the Courts should desist from putting female litigants under Considering the aforesaid facts and circumstances, in the humble would be in the interest of both the parties that abovementioned divorce petition be heard by the learned Court of competent Consequently the transfer application is allowed allowed allowed allowed and the Hindu Marriage Act titled ““““Amit Singh Amit Singh Amit Singh Amit Singh , filed by the respondent-husband, stands from the Court of learned Principal Judge, Family Court, Panchkula competent jurisdiction at Gurugram. The requisite record of Family Court, Panchkula to the Court Pending miscellaneous application(s), if any, shall also stand disposed (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) JUDGE JUDGE JUDGE JUDGE Yes/No Yes/No 3 weightage and consideration to litigants and transfer of legal proceedings from one should ordinarily be allowed, taking into consideration their tigants under Considering the aforesaid facts and circumstances, in the humble would be in the interest of both the parties that the competent and the Amit Singh Amit Singh Amit Singh Amit Singh husband, stands Panchkula to The requisite record of to the Court Pending miscellaneous application(s), if any, shall also stand disposed MOHMED ATIK 2026.07.14 10:14 I attest to the accuracy and authenticity of this order/judgment