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TA No. TA No.1252 of 2025 1252 of 2025 1252 of 2025 1252 of 2025
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 243
SUKHPREET KAUR SUKHPREET KAUR SUKHPREET KAUR SUKHPREET KAUR
Vs Vs Vs Vs JAGSIR SINGH JAGSIR SINGH JAGSIR SINGH JAGSIR SINGH
CORAM:
CORAM:
CORAM:
CORAM: HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE
Present: Ms. Diksha Rathi, Advocate for
Ms. Prabhjot Kaur Virk, Advocate
Mr. G.S. Josan, Advocate
for the respondent.
HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) [1].
The case bearing HMA/24/2023 HMA/24/2023 HMA/24/2023 HMA/24/2023 Section 13 of the Hindu petition” petition” petition” petition”) at the Principal Judge, jurisdiction at Talwandi Sabo. [2]. Briefly stating, the marriage between the was solemnized o discord between the parties, the above mentioned divorce petition came to be preferred at the instance of respondent seeking transfer [3].
Learned counsel for the applicant-wife has also filed respondent before the Court of learned 1252 of 2025 1252 of 2025 1252 of 2025 1252 of 2025
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:
SUKHPREET KAUR SUKHPREET KAUR SUKHPREET KAUR SUKHPREET KAUR
JAGSIR SINGH JAGSIR SINGH JAGSIR SINGH JAGSIR SINGH
HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HARKESH MANUJA HARKESH MANUJA HARKESH MANUJA HARKESH MANUJA Ms. Diksha Rathi, Advocate for Ms. Prabhjot Kaur Virk, Advocate Mr. G.S. Josan, 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 HMA/24/2023 HMA/24/2023 HMA/24/2023 HMA/24/2023, titled “Jagsir Singh Vs. Sukhpreet Kaur Jagsir Singh Vs. Sukhpreet Kaur Jagsir Singh Vs. Sukhpreet Kaur Jagsir Singh Vs. Sukhpreet Kaur Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce ) at the instance of respondent-husband; from the Court of learned Principal Judge, Family Court, Mansa to the jurisdiction at Talwandi Sabo. Briefly stating, the marriage between the was solemnized on 07.12.2021 as per Sikh rituals. O between the parties, the above mentioned divorce petition came to be preferred at the instance of respondent-husband. thereof came to be filed by the applicant
Learned counsel for the applicant wife has also filed petition under Section 125 Cr.P.C. against the before the Court of learned Addl.
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.1252 1252 1252 1252 of of of of 2025 2025 2025 2025 (O&M) (O&M) (O&M) (O&M) Date of Decision: Date of Decision: Date of Decision: Date of Decision: 10 10 10 10.07.2026 .07.2026 .07.2026 .07.2026
...... ...... ...... ......Applicant Applicant Applicant Applicant
…..Respondent(s) …..Respondent(s) …..Respondent(s) …..Respondent(s) HARKESH MANUJA HARKESH MANUJA HARKESH MANUJA HARKESH MANUJA for the applicant. wife, by way of present application, seeks transfer of Jagsir Singh Vs. Sukhpreet Kaur Jagsir Singh Vs. Sukhpreet Kaur Jagsir Singh Vs. Sukhpreet Kaur Jagsir Singh Vs. Sukhpreet Kaur””””, filed under hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce husband; from the Court of learned Addl. to the learned Court of competent Briefly stating, the marriage between the applicant and respondent as per Sikh rituals. On account of matrimonial between the parties, the above mentioned divorce petition came to be husband. Thereupon, the present application applicant-wife. applicant, inter alia, contends that the petition under Section 125 Cr.P.C. against the Addl. Principal Judge, Family Court, 1 transfer of , filed under hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce Addl. of competent respondent n account of matrimonial between the parties, the above mentioned divorce petition came to be application , contends that the petition under Section 125 Cr.P.C. against the Principal Judge, Family Court, MOHMED ATIK 2026.07.15 11:29 I attest to the accuracy and authenticity of this
order/judgment
TA No.
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TA No. TA No.1252 of 2025 1252 of 2025 1252 of 2025 1252 of 2025
Talwandi Sabo, applicant is residing at Talwandi Sabo with her parents. made for transfer of the above mentioned divorce petition filed at t respondent-husband Court, Mansa to the [4]. On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the [5]. I have heard learned counsel for the parties and gone through the paper-book. [6]. In the present case, admittedly, the under Section 125 Cr.P.C. against the respondent for maintenance, the same is pending for his cross also been filed against the respondent. In both the petitions, executions have been filed at the instance of the before the Court of learned [7]. As per the averments made in the present transfer application, the applicant-wife is residing with her parents and has no independent source of income and for the financials, she is totally dependent upon her parents. [8]. Furthermore, the Hon’ble Supreme Court in its decision Manjula Singh Chouhan Manjula Singh Chouhan Manjula Singh Chouhan Manjula Singh Chouhan SCC 660 SCC 660 SCC 660 SCC 660”””” held that, in the interest of both the parties, proceedings should ordinarily be heard by the allowed the transfer application therein. extracted hereunder: 1252 of 2025 1252 of 2025 1252 of 2025 1252 of 2025
, which is fixed for cross-examination of applicant is residing at Talwandi Sabo with her parents. transfer of the above mentioned divorce petition filed at t husband from the Court of learned to the learned Court of competent jurisdiction at Talwandi Sabo. 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 In the present case, admittedly, the under Section 125 Cr.P.C. against the respondent for maintenance, the same is pending for his cross-examination. A petition under Domestic Violence Act has also been filed against the respondent. In both the petitions, executions have been filed at the instance of the applicant and the same before the Court of learned Addl. Principal Judge, Family Court, As per the averments made in the present transfer application, the is residing with her parents and has no independent source of and for the financials, she is totally dependent upon her parents.
Furthermore, the Hon’ble Supreme Court in its decision Manjula Singh Chouhan Manjula Singh Chouhan Manjula Singh Chouhan Manjula Singh Chouhan Versus Versus Versus Versus Vishal Singh Vishal Singh Vishal Singh Vishal Singh held that, in the interest of both the parties, proceedings should ordinarily be heard by the allowed the transfer application therein. Relevant paragraph nos.3 to 5 are extracted hereunder:-
examination of the respondent. The applicant is residing at Talwandi Sabo with her parents. Accordingly, a prayer is transfer of the above mentioned divorce petition filed at the instance of from the Court of learned Addl. Principal Judge, Family of competent jurisdiction at Talwandi Sabo. On the other hand, learned counsel for the respondent vehemently applicant. I have heard learned counsel for the parties and gone through the In the present case, admittedly, the applicant-wife has filed petition under Section 125 Cr.P.C. against the respondent for maintenance, the same is examination. A petition under Domestic Violence Act has also been filed against the respondent. In both the petitions, executions have also and the same are pending adjudication Principal Judge, Family Court, Talwandi Sabo. As per the averments made in the present transfer application, the is residing with her parents and has no independent source of and for the financials, she is totally dependent upon her parents. Furthermore, the Hon’ble Supreme Court in its decision rendered in Vishal Singh Vishal Singh Vishal Singh Vishal Singh Chouhan, Chouhan, Chouhan, Chouhan, reported as “2019 (13) 2019 (13) 2019 (13) 2019 (13) held that, in the interest of both the parties, all connected matrimonial proceedings should ordinarily be heard by the same Court and, accordingly, Relevant paragraph nos.3 to 5 are 2 The Accordingly, a prayer is he instance of Family On the other hand, learned counsel for the respondent vehemently I have heard learned counsel for the parties and gone through the petition under Section 125 Cr.P.C. against the respondent for maintenance, the same is examination.
A petition under Domestic Violence Act has also are pending adjudication Talwandi Sabo. As per the averments made in the present transfer application, the is residing with her parents and has no independent source of rendered in 2019 (13) 2019 (13) 2019 (13) 2019 (13) all connected matrimonial same Court and, accordingly, Relevant paragraph nos.3 to 5 are MOHMED ATIK 2026.07.15 11:29 I attest to the accuracy and authenticity of this
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TA No. TA No.1252 of 2025 1252 of 2025 1252 of 2025 1252 of 2025
“3. pending in Family parties to try all their cases in Bhopal. Learned couns 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
4. that all their cases be heard together by the same Court. 5. Court, Indore to the Family Court, Bhopal. [9]. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, are pending adjudication at both the parties that a Consequently the transfer application is Section 13 of the Hindu Marriage Act i.e. Sukhpreet Kaur Sukhpreet Kaur Sukhpreet Kaur Sukhpreet Kaur learned Addl. Principal Judge, competent jurisdiction at Talwandi Sabo be sent by the learned [10]. Pending miscellaneous application(s), if any, shall also stand disposed of. July July July July 10 10 10 10, , , , 20 20 20 2026 26 26 26 Atik Whether speaking/reasoned Whether reportable 1252 of 2025 1252 of 2025 1252 of 2025 1252 of 2025
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 couns 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
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 the petitions under Section pending adjudication at Talwandi Sabo, therefore, both the parties that all their cases be heard together onsequently the transfer application is allowed allowed allowed allowed Section 13 of the Hindu Marriage Act i.e. HMA/24/2023 HMA/24/2023 HMA/24/2023 HMA/24/2023 Sukhpreet Kaur Sukhpreet Kaur Sukhpreet Kaur Sukhpreet Kaur””””, filed by the respondent-husband, stands transferred from the Principal Judge, Family Court, competent jurisdiction at Talwandi Sabo.
The requisite record of the aforesaid case learned Family Court, Mansa to the Court concerned. 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
As per the submission of the appellant, two cases are already 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. f 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 under Section 125 Cr.P.C. and D.V. Act , therefore, it would be in the interest of ll their cases be heard together at the same place allowed allowed allowed allowed and the divorce petition under HMA/24/2023 HMA/24/2023 HMA/24/2023 HMA/24/2023 titled ““““Jagsir Sijngh vs. Jagsir Sijngh vs. Jagsir Sijngh vs. Jagsir Sijngh vs. husband, stands transferred from the Family Court, Mansa to the learned Court of The requisite record of the aforesaid case to the Court concerned. 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 As per the submission of the appellant, two cases are already Court, Bhopal, and it will be in the interests of both the el 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 f the view that it will be in the interests of both the parties Therefore, H.M.A. Case No.71/2016 is transferred from Family Considering the aforesaid facts and circumstances, in the humble 125 Cr.P.C. and D.V. Act it would be in the interest of at the same place. and the divorce petition under Jagsir Sijngh vs. Jagsir Sijngh vs. Jagsir Sijngh vs. Jagsir Sijngh vs. husband, stands transferred from the Court of The requisite record of the aforesaid case Pending miscellaneous application(s), if any, shall also stand disposed MOHMED ATIK 2026.07.15 11:29 I attest to the accuracy and authenticity of this
order/judgment