TA No. TA No. TA No. TA No.1468 1468 1468 1468 of of of of 2025 2025 2025 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 280 RAJBIR KAUR RAJBIR KAUR RAJBIR KAUR RAJBIR KAUR Vs Vs Vs Vs HARPAL SINGH AND ANR. HARPAL SINGH AND ANR. HARPAL SINGH AND ANR. HARPAL SINGH AND ANR. CORAM: CORAM: CORAM: CORAM: HON'BLE MR. HON'BLE MR. HON'BLE MR. HON'BLE MR. Present: Mr. Mr. Vivek K. Thakur, Advocate Mr. G.S. Kaushal, Advocate for Mr. P.S. Bajwa, Advocate for the respondents. HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) 1.1.1.1. The case bearing HMA/ HMA/ HMA/ HMA/ filed under Section 13 of the Hindu as “divorce petition” as “divorce petition” as “divorce petition” as “divorce petition” learned Principal Judge, jurisdiction at Kapurthala. 2.2.2.2. Briefly stating, the marriage between the No.1 was solemnized on Harmanpreet Singh was born on 27.08.2016; between the parties, the above mentioned divorce petition came to be the instance of respondent transfer thereof came to be filed by the 2025 2025 2025 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: RAJBIR KAUR RAJBIR KAUR RAJBIR KAUR RAJBIR KAUR HARPAL SINGH AND ANR. HARPAL SINGH AND ANR. HARPAL SINGH AND ANR. HARPAL SINGH AND ANR. …..Respondent(s) …..Respondent(s) …..Respondent(s) …..Respondent(s) HON'BLE MR. HON'BLE MR. HON'BLE MR. HON'BLE MR. JUSTICE HARKESH MANUJA JUSTICE HARKESH MANUJA JUSTICE HARKESH MANUJA JUSTICE HARKESH MANUJA Mr. Uday Singh Cheema, Advocate for Mr. Vivek K. Thakur, Advocate for the applicant. Mr. G.S. Kaushal, Advocate for Mr. P.S. Bajwa, Advocate for the respondents. **** HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) The applicant-wife, by way of present HMA/ HMA/ HMA/ HMA/480 480 480 480/202 /202 /202 /2025555, titled “Harpal Singh vs. Rajbir Kaur and another Harpal Singh vs. Rajbir Kaur and another Harpal Singh vs. Rajbir Kaur and another Harpal Singh vs. Rajbir Kaur and another filed under Section 13 of the Hindu Marriage Act, 1955 ( as “divorce petition” as “divorce petition” as “divorce petition” as “divorce petition”) at the instance of respondent learned Principal Judge, Family Court, Moga to the Kapurthala. Briefly stating, the marriage between the was solemnized on 07.02.2015; out of this wedlock, a male child namely, Harmanpreet Singh was born on 27.08.2016; O 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.1468 1468 1468 1468 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: 13 13 13 13.07.2026 .07.2026 .07.2026 .07.2026 ...... ...... ...... ......Applicant Applicant Applicant Applicant …..Respondent(s) …..Respondent(s) …..Respondent(s) …..Respondent(s) JUSTICE HARKESH MANUJA JUSTICE HARKESH MANUJA JUSTICE HARKESH MANUJA JUSTICE HARKESH MANUJA Uday Singh Cheema, Advocate for for the applicant. wife, by way of present application, seeks transfer of Harpal Singh vs. Rajbir Kaur and another Harpal Singh vs. Rajbir Kaur and another Harpal Singh vs. Rajbir Kaur and another Harpal Singh vs. Rajbir Kaur and another Marriage Act, 1955 (hereinafter to be referred hereinafter to be referred hereinafter to be referred hereinafter to be referred of respondent-husband; from the Court of to the learned Court of competent Briefly stating, the marriage between the applicant and respondent out of this wedlock, a male child namely, 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 Harpal Singh vs. Rajbir Kaur and another Harpal Singh vs. Rajbir Kaur and another Harpal Singh vs. Rajbir Kaur and another Harpal Singh vs. Rajbir Kaur and another””””, hereinafter to be referred hereinafter to be referred hereinafter to be referred hereinafter to be referred husband; from the Court of Court of competent respondent out of this wedlock, a male child namely, n account of matrimonial discord preferred at application seeking MOHMED ATIK 2026.07.16 09:50 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.1468 1468 1468 1468 of of of of 2025 2025 2025 2025 3. Learned counsel for the applicant-wife is residing transfer of the above husband from the Court of learned Principal Judge, learned Court of competent jurisdiction at Kapurthala. 4. On the other hand, learned counsel for the respondent opposes the prayer made on behalf of the applicant. 5.... I have heard learned counsel for the paper-book. 6. In the present case, admittedly, the under Section application for interim maintenance Judge, Family Court, Kapurthala. 7. As per the averments made in the present transfer application, the applicant-wife alongwith her independent source of income. The applicant the litigation charges and travelling expenses financials, she is totally depend 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: 2025 2025 2025 2025 Learned counsel for the applicant wife is residing in her parental house.... transfer of the above mentioned divorce petition filed at the instance of from the Court of learned Principal Judge, Court of competent jurisdiction at Kapurthala. On the other hand, learned counsel for the respondent opposes the prayer made on behalf of the applicant. I have heard learned counsel for the In the present case, admittedly, the under Section 144 of BNSS, 2023 for grant of application for interim maintenance, which is pending before the learned Principal , Family Court, Kapurthala. As per the averments made in the present transfer application, the alongwith her minor son is residing independent source of income. The applicant is facing the litigation charges and travelling expenses in 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 Chouhan, Vishal Singh Chouhan, Vishal Singh Chouhan, Vishal Singh Chouhan, 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:- applicant, inter alia, contends that the .... Accordingly, a prayer is made for mentioned divorce petition filed at the instance of respondent from the Court of learned Principal Judge, Family Court, Moga to the Court of competent jurisdiction at Kapurthala. On the other hand, learned counsel for the respondents 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 applicant-wife has filed a petitio grant of maintenance along with an is pending before the learned Principal As per the averments made in the present transfer application, the is residing at her parental house and has no is facing great difficulty in bearing in pursuing the said case and for the ent upon her parents. Furthermore, the Hon’ble Supreme Court in its decision rendered in Vishal Singh Chouhan, Vishal Singh Chouhan, Vishal Singh Chouhan, Vishal Singh 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 , contends that the Accordingly, a prayer is made for respondent- to the vehemently and gone through the a petition along with an is pending before the learned Principal As per the averments made in the present transfer application, the and has no in bearing and for the 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 2026.07.16 09:50 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.1468 1468 1468 1468 of of of of 2025 2025 2025 2025 “3. pending in 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 rema 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, of maintenance along with an application for interim maintenance adjudication at Kapurthala that all their cases be heard together application is allowed allowed allowed allowed Marriage Act i.e. another another another another””””, filed by the respondent learned Principal Judge, Family Court, Kapurthala. learned Family Court, 10. Pending miscellaneous application(s), if any, shall also stand of. July July July July 13 13 13 13, , , , 20 20 20 2026 26 26 26 Atik Whether speaking/reasoned Whether reportable 2025 2025 2025 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 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 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 a petition under Section 144 of BNSS, 2023 for grant maintenance along with an application for interim maintenance Kapurthala, therefore, it would be in the interest of both the parties that all their cases be heard together at the same place allowed allowed allowed allowed and the divorce petition under Section 13 of the Hindu Marriage Act i.e. HMA/480/2025 HMA/480/2025 HMA/480/2025 HMA/480/2025, titled “Harpal Singh vs. Rajbir Kaur and Harpal Singh vs. Rajbir Kaur and Harpal Singh vs. Rajbir Kaur and Harpal Singh vs. Rajbir Kaur and filed by the respondent-husband, stands transferred learned Principal Judge, Family Court, Moga Family Court, Kapurthala.. The requisite record of the aforesaid case be sent by the Family Court, Moga to the Court concerned. Pending miscellaneous application(s), if any, shall also stand (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 ins that the respondent has to travel to Bhopal for conduct of other cases pending in Family Court, Bhopal. 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. e, 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 a petition under Section 144 of BNSS, 2023 for grant maintenance along with an application for interim maintenance is pending it would be in the interest of both the parties at the same place. Consequently the transfer and the divorce petition under Section 13 of the Hindu Harpal Singh vs. Rajbir Kaur and Harpal Singh vs. Rajbir Kaur and Harpal Singh vs. Rajbir Kaur and Harpal Singh vs. Rajbir Kaur and husband, stands transferred from the Court of Moga to the learned Principal Judge, The requisite record of the aforesaid case be sent by the 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 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 ins that the respondent has to travel to We are of the view that it will be in the interests of both the parties e, H.M.A. Case No.71/2016 is transferred from Family Considering the aforesaid facts and circumstances, in the humble a petition under Section 144 of BNSS, 2023 for grant pending it would be in the interest of both the parties Consequently the transfer and the divorce petition under Section 13 of the Hindu Harpal Singh vs. Rajbir Kaur and Harpal Singh vs. Rajbir Kaur and Harpal Singh vs. Rajbir Kaur and Harpal Singh vs. Rajbir Kaur and from the Court of Principal Judge, The requisite record of the aforesaid case be sent by the disposed MOHMED ATIK 2026.07.16 09:50 I attest to the accuracy and authenticity of this order/judgment