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2025 DAILYLAW 6901 (PNJ)

SANDEEP KAUR v. GURMEJ SINGH

TA/1595/2025 · 2026-05-19

Nidhi Gupta

body2025

Judgment text

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TA-1595-20 IN THE HIG 144 Sandeep Kau Gurmej Sing CORAM: H Present: - NIDHI GUP 1. transfer of th the Hindu DMC/67/202 vs. Sandeep a Court of co 2. 2025 -1- E HIGH COURT OF PUNJAB AND HA TA-15 Date o ep Kaur Versus ej Singh M: HON'BLE MS. JUSTICE NIDH Ms. Sundeep Kaur, Advocate fo Mr. SS Jattan, Advocate for the Ms. Garima Dikshit, Advocate for the respondent (through V.C I GUPTA, J. (ORAL) Prayer in this petition filed b r of the petition filed by respondent indu Marriage Act, 1955 (for sho 67/2025 dated 20.01.2025 (Annexure ndeep Kumar, pending before the lear rt of competent jurisdiction at Ambala. Learned counsel for the petition i) Marriage of the petition solemnized in the month ii) One daughter was born 17.12.2020, who is prese of the respondent-husban iii) Due to matrimonial disc separately since 25.12.20 ND HARYANA AT CHANDIGARH 1595-2025 Date of Decision: 19.05.2026 .…Petitioner .... Respondent NIDHI GUPTA cate for for the petitioner. ocate gh V.C.). iled by the petitioner-wife is for dent-husband under Section 13 of r short ‘the Act’) bearing No. exure P-1) titled as ‘Gurmej Singh e learned Family Court, Patiala to mbala. etitioner, inter alia, submits that :- etitioner with the respondent was onth of April 2012. born out of the said wedlock on presently in the care and custody usband. al discord the parties are residing .12.2024. RISHU KATARIA 2026.05.22 17:14 I attest to the accuracy and authenticity of this order/judgment. TA-1595-20 3. allowed and titled as ‘Gu Family Cour at Ambala. 4. vehemently and submits minor daugh respondent h is also respo a Carpenter 2025 -2- iv) The distance between petitioner-wife i.e. Am proceedings filed by t Patiala is about 50 kilom difficult for her to freque Patiala to attend the Cour v) The petitioner is 6th income. She is residing Ambala at the mercy of h vi) The petitioner has regi respondent-husband and dated 01.44.2025, under S and 85 of the BNS, 20 District Ambala which is It is accordingly, prayed that t d and petition DMC/67/2025 dated Gurmej Singh vs. Sandeep Kumar y Court, Patiala be transferred to a Cou bala. Per Contra, learned counsel ently opposes the submissions of lear bmits that the respondent is single daughter born out of the wedlock of t dent have to provide for the material responsible for her mental and physic penter by profession. The petitioner een place of residence of the Ambala and the place of by the respondent-husband at kilometers on one side. It is very frequently travel from Ambala to e Court proceedings. pass and has no source of iding with her parental family at cy of her parents. s registered an FIR against the and others bearing FIR No. 149 under Sections 115, 316(2), 351(2) S, 2023, Police Station Naggal, ich is under investigation. that the present petition may be dated 20.01.2025 (Annexure P-1) umar, pending before the learned a Court of competent jurisdiction unsel for the respondent-husband of learned counsel for the petitioner ingle-handedly, taking care of the ck of the parties. Not only does the aterial needs of minor daughter, but physical welfare. The respondent is tioner has time and again left the RISHU KATARIA 2026.05.22 17:14 I attest to the accuracy and authenticity of this order/judgment. TA-1595-20 matrimonial prayed that t 5. have heard l the case file. petitioner. 6. respondent, t parental hou by the petiti Kms. to Pati on the dates to transfer th 7. of transfer e However, in Court, as we which may SrijitDas’ w dismissed th husband. Re Court where applications Smt. Akhw 2019 Nisha 2025 -3- onial home at her own leaving the m that the present petition be dismissed No other argument has been ma eard learned counsel for the petitione se file. I find no merit in the submissio From the facts noted above, dent, the petitioner has no onerous res al house along with her parents. No c petitioner as to why she is unable t Patiala to attend to the proceedings dates of hearing. In this situation, no sfer the case from Patiala to Ambala. This Court is well aware of the sfer emanating from matrimonial disp ver, in certain similar cases as the pres as well as this Court have refused rel may be referred to is: (2006) 9 SC ’ wherein Hon’ble Supreme Court sed the wife’s application seeking tra Reference in this regard may also where, in similar circumstances this ations filed on behalf of the wife. Th Akhwinder Kaur Vs. Sh. Gurpreet isha alias Manisha vs. Amarveer Y g the minor child, it is accordingly issed. een made on behalf of the parties. I titioner and carefully gone through missions advanced on behalf of the above, it is clear that unlike the responsibility and is living at her No cogent reason has been given able to travel short distance of 50 dings and that too not daily but only on, no equitable ground is made out . of the preponderance of law in cases ial disputes is in favour of the wife. e present one, the Hon’ble Supreme sed relief to the wife. One such case ) 9 SCC 197 ‘Anindita Das Vs. Court under similar circumstances ing transfer of petition filed by the y also be made to two cases of this s this Court had dismissed transfer fe. These are: TA no. 126 of 2018 rpreet Singh; and TA No. 299 of eer Yadav. the t her iven only out ases ife. eme case Vs. nces the this sfer 018 9 of RISHU KATARIA 2026.05.22 17:14 I attest to the accuracy and authenticity of this order/judgment. TA-1595-20 8. present case finding no m 9. 19.05.2026 rishu 2025 -4- Accordingly, in view of the fa t case as noted above, as also the prec g no merit in this petition, the same is h Pending application(s), if any, s 2026 Whether speaking/reasoned Whether Reportable the facts and circumstances of the he precedents of Case law as above, me is hereby dismissed. any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No the ove, RISHU KATARIA 2026.05.22 17:14 I attest to the accuracy and authenticity of this order/judgment.