Research › Search › Judgment

High Court of Punjab and Haryana · body

2024 DAILYLAW 2880 (PNJ)

PREETI v. KAWALJEET SINGH

TA/568/2024 · 2026-07-08

Harkesh Manuja

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

TA-568-2024 (O&M) --1-- 103 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-568-2024 (O&M) Decided on:-08.07.2026 Preeti ….Applicant. vs. Kawaljeet Singh ….Respondent. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr.Jatinder Kumar Kansal, Advocate for the applicant. Ms. Shruti Sharma, Advocate and Mr. Ranwant Singh, Advocate, for the respondent. ***** HARKESH MANUJA J. (Oral) 1. The applicant-wife, by way of present application, seeks transfer of petition bearing HMA/326/2023, (Annexure P-1), titled “Kawaljeet Singh vs. Preeti”, filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as “1955 Act”) at the instance of respondent- husband; from the Court of learned Principal Judge(Family Court), S.A.S. Nagar, Mohali to the competent Court of jurisdiction at Mansa. 2. Briefly stating, the marriage between the applicant and respondent was solemnized on 28.01.2021; out of their wedlock, a boy child, namely, Master Gurbaj Singh was born on 30.03.2022; on account of matrimonial discord between the parties, the above mentioned petition under Section 13 of the 1955 Act, came to be preferred at the instance of respondent-husband. Thereupon, the present application seeking transfer thereof came to be filed by the applicant-wife. SONIKA 2026.07.15 09:52 I attest to the accuracy and authenticity of this document TA-568-2024 (O&M) --2-- 3. Learned counsel for the applicant, inter alia, contends that the applicant-wife has also filed two petitions (i) bearing MNT/46/2024, titled “Preeti vs. Kawaljeet Singh” under Section 125 Cr.P.C. for grant of maintenance, before the ld. Family Court at Mansa and (ii) bearing GW- 27/2023, titled “Preeti vs. Kawaljeet Singh” before the ld. Family Court, S.A.S. Nagar, Mohali. The notice in the aforementioned cases have been issued to the respondent-husband. It is further submitted that the applicant is doing private job and at present she is residing at her parental home at Mansa. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of respondent-husband from Family Court, SAS Nagar Mohali to Family Court, Mansa. 4. On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant while submitting that a petition under Section 25 of the Guardians & Wards Act, 1890 preferred at the instance of applicant-wife herself is pending at Family Court, SAS Nagar, Mohali. Moreover, the minor child is residing along with his father only, who is taking care of him and the applicant-wife is even doing private job earning Rs.15,000-17,000/-, as such, prays for dismissal of the present application. 5. I have heard learned counsel for the parties and gone through the paper-book. 6. In the present case, admittedly, the applicant-wife has filed a petition under Section 125 Cr.P.C., which is pending adjudication before the learned Family Court, Mansa and another bearing GW-27/2023, titled “Preeti vs. Kawaljeet Singh”, which is pending before the ld. Family Court, SONIKA 2026.07.15 09:52 I attest to the accuracy and authenticity of this document TA-568-2024 (O&M) --3-- S.A.S. Nagar, Mohali, which stands transferred to competent Court of jurisdiction at Mansa vide order of even dated 08.07.2026 by this Court passed in TA-400-2025, titled as “Preet vs. Kawaljeet Singh”. 7. As per the averments made in the present transfer application, the applicant-wife is doing private job and is residing along with her parents, at her parental home at Mansa, 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 that, in the interest of both the parties, all 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 reproduced hereunder:- “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. 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, since petition under Section 125 Cr.P.C. is already pending adjudication at Mansa and the petition bearing No. GA-27/2023 also stands transferred at Mansa, therefore, 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 petition under Section 13 of the 1955 Act i.e. HMA-326/2023, titled “Kawaljeet Singh vs. SONIKA 2026.07.15 09:52 I attest to the accuracy and authenticity of this document TA-568-2024 (O&M) --4-- Preeti”, filed by the respondent-husband, stands transferred from the Family Court, SAS Nagar Mohali, to the Family Court of competent jurisdiction at Mansa. The requisite record of the aforesaid case be sent by the Family Court, SAS Nagar Mohali to the Court concerned. 10. Pending miscellaneous application(s), if any, shall also stand disposed off. 08.07.2026 (HARKESH MANUJA) sonika JUDGE (i) Whether speaking/reasoned: Yes/No (ii) Whether reportable: Yes/ No SONIKA 2026.07.15 09:52 I attest to the accuracy and authenticity of this document