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2025 DAILYLAW 7778 (PNJ)

AMANPREET KAUR v. GURVINDER KAUR

TA/1323/2025 · 2026-07-08

Harkesh Manuja

body2025

Judgment text

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TA No. TA No. TA No. TA No.1323 of 2025 (O&M) 1323 of 2025 (O&M) 1323 of 2025 (O&M) 1323 of 2025 (O&M) 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 105 AMANPREET KAUR AMANPREET KAUR AMANPREET KAUR AMANPREET KAUR Vs Vs Vs Vs GURVINDER SINGH GURVINDER SINGH GURVINDER SINGH GURVINDER SINGH CORAM: CORAM: CORAM: CORAM: HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ Present: Mr. for the Mr. S.S. Swaich, Advocate Ms. Deepika, Advocate HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) CM No. CM No. CM No. CM No. 12568 12568 12568 12568----CII of 2026 CII of 2026 CII of 2026 CII of 2026 Prayer in the present application moved on behalf of the respondent is for preponing the date of hearing of main case from earlier date. Notice of the application. Learned counsel for the non and raises no objection against the prayer made in the application. In view of the above and with the consent of learned counsel parties, hearing of the main case is preponed and taken up today Accordingly, the application is d CM No. CM No. CM No. CM No. 12569 12569 12569 12569----CII of 2026 CII of 2026 CII of 2026 CII of 2026 For the reasons mentioned in the application, the same is allowed. Short reply filed on behalf of the respondent 1323 of 2025 (O&M) 1323 of 2025 (O&M) 1323 of 2025 (O&M) 1323 of 2025 (O&M) 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 CM No. CM No. CM No. CM No. 12568 12568 12568 12568---- Transfer Application No.1323 Transfer Application No.1323 Transfer Application No.1323 Transfer Application No.1323 Date of Decision: Date of Decision: Date of Decision: Date of Decision: AMANPREET KAUR AMANPREET KAUR AMANPREET KAUR AMANPREET KAUR GURVINDER SINGH GURVINDER SINGH GURVINDER SINGH GURVINDER SINGH HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ Mr. Jaideep Verma, Advocate for the applicant. Mr. S.S. Swaich, Advocate and Ms. Deepika, Advocate for the respondent. **** HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) CII of 2026 CII of 2026 CII of 2026 CII of 2026 Prayer in the present application moved on behalf of the respondent is for preponing the date of hearing of main case from Notice of the application. Learned counsel for the non-applicant/ and raises no objection against the prayer made in the application. In view of the above and with the consent of learned counsel parties, hearing of the main case is preponed and taken up today Accordingly, the application is disposed of. CII of 2026 CII of 2026 CII of 2026 CII of 2026 For the reasons mentioned in the application, the same is allowed. Short reply filed on behalf of the respondent-husband is taken on record. 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 ----CII of 2026 in/and CII of 2026 in/and CII of 2026 in/and CII of 2026 in/and Transfer Application No.1323 Transfer Application No.1323 Transfer Application No.1323 Transfer Application No.1323 of 2025 (O&M) of 2025 (O&M) of 2025 (O&M) of 2025 (O&M) Date of Decision: Date of Decision: Date of Decision: Date of Decision: 08 08 08 08.07.2026 .07.2026 .07.2026 .07.2026 ...... ...... ...... ......Applicant Applicant Applicant Applicant …..Respondent(s) …..Respondent(s) …..Respondent(s) …..Respondent(s) HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJAAAA for the respondent. Prayer in the present application moved on behalf of the applicant respondent is for preponing the date of hearing of main case from 13.10.2026 to an applicant/applicant-wife accepts notice and raises no objection against the prayer made in the application. In view of the above and with the consent of learned counsel for the parties, hearing of the main case is preponed and taken up today itself. isposed of. For the reasons mentioned in the application, the same is allowed. husband is taken on record. 1 applicant- .2026 to an notice for the For the reasons mentioned in the application, the same is allowed. MOHMED ATIK 2026.07.14 10:11 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.1323 of 2025 (O&M) 1323 of 2025 (O&M) 1323 of 2025 (O&M) 1323 of 2025 (O&M) Main case Main case Main case Main case [1]. [1]. [1]. [1]. The bearing HMA/28/2021 (registered on 18.11.2020) HMA/28/2021 (registered on 18.11.2020) HMA/28/2021 (registered on 18.11.2020) HMA/28/2021 (registered on 18.11.2020) Amanpreet Kaur” Amanpreet Kaur” Amanpreet Kaur” Amanpreet Kaur” restitution of conjugal Court of learned Principal Judge, Court of learned Principal Judge, Family Court at Rupnagar, Punjab. [2] [2] [2] [2].... Briefly stating, the respondent was solemnized on marriage, the applicant did not return to her matrimonial house. Thereafter for restitution of conjugal rights, respondent-husband. came to be filed by the [3]. Learned counsel for the applicant-wife has also filed Hindu Marriage Act, 1955, Court, Rupnagar further submitted that her father, being applicant, he is not able to husband at Fatehgarh Sahib. above mentioned petition filed at the instance of 1323 of 2025 (O&M) 1323 of 2025 (O&M) 1323 of 2025 (O&M) 1323 of 2025 (O&M) The applicant-wife, by way of present HMA/28/2021 (registered on 18.11.2020) HMA/28/2021 (registered on 18.11.2020) HMA/28/2021 (registered on 18.11.2020) HMA/28/2021 (registered on 18.11.2020) Amanpreet Kaur” Amanpreet Kaur” Amanpreet Kaur” Amanpreet Kaur”, filed under Section 9 of the Hindu restitution of conjugal rights, at the instance of respondent learned Principal Judge, Family Court at d Principal Judge, Family Court at Rupnagar, Punjab. Briefly stating, the alleged marriage between the respondent was solemnized on 30.06.2020. That marriage, the applicant-wife at her own went to her parental house and since then did not return to her matrimonial house. Thereafter for restitution of conjugal rights, came to be husband. Thereupon, the present application seeking transfer came to be filed by the applicant-wife. Learned counsel for the applicant wife has also filed petition No.HMA/214/2021 under Section 11 of the Hindu Marriage Act, 1955, before the Court of learned Principal Judge, Family Rupnagar, wherein the respondent-husband is regularly appearing. further submitted that the applicant is working in abroad an being attorney holder. However, due to old age of father of the applicant, he is not able to properly pursue the petition filed by the respondent husband at Fatehgarh Sahib. Accordingly, a prayer is made for above mentioned petition filed at the instance of wife, by way of present case, seeks transfer of case HMA/28/2021 (registered on 18.11.2020) HMA/28/2021 (registered on 18.11.2020) HMA/28/2021 (registered on 18.11.2020) HMA/28/2021 (registered on 18.11.2020), titled “Gurvinder Singh Vs. Gurvinder Singh Vs. Gurvinder Singh Vs. Gurvinder Singh Vs. of the Hindu Marriage Act, 1955 instance of respondent-husband; from the Family Court at Fatehgarh Sahib, Punjab to the d Principal Judge, Family Court at Rupnagar, Punjab. marriage between the applicant and Thatafter about one week of the wife at her own went to her parental house and since then did not return to her matrimonial house. Thereafter, the above mentioned petition came to be preferred at the instance of application seeking transfer thereof applicant, inter alia, contends that the No.HMA/214/2021 under Section 11 of the before the Court of learned Principal Judge, Family husband is regularly appearing. It the applicant is working in abroad and appearing through her However, due to old age of father of the pursue the petition filed by the respondent Accordingly, a prayer is made for transfer of above mentioned petition filed at the instance of respondent-husband from 2 transfer of case Gurvinder Singh Vs. Gurvinder Singh Vs. Gurvinder Singh Vs. Gurvinder Singh Vs. for husband; from the to the and after about one week of the wife at her own went to her parental house and since then , the above mentioned petition the instance of thereof , contends that the No.HMA/214/2021 under Section 11 of the before the Court of learned Principal Judge, Family It is d appearing through her However, due to old age of father of the pursue the petition filed by the respondent- transfer of the husband from the MOHMED ATIK 2026.07.14 10:11 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.1323 of 2025 (O&M) 1323 of 2025 (O&M) 1323 of 2025 (O&M) 1323 of 2025 (O&M) Court of learned Principal Judge, Court of learned Principal Judge, Family Court at Rupnagar, Punjab. [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].].].]. In the present case, admittedly, the No.HMA/214/2021 under Section 11 of the Hindu Marriage Act, 1955, Court of learned Principal Judge, Family Court, husband is regularly appearing. [[[[7777].].].]. Furthermore, the Hon’ble Supreme 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: “3. pending in Family 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 oth 4. that all their cases be heard together by the same Court. 5. Court, Indore 1323 of 2025 (O&M) 1323 of 2025 (O&M) 1323 of 2025 (O&M) 1323 of 2025 (O&M) Court of learned Principal Judge, Family Court at d Principal Judge, Family Court at Rupnagar, Punjab. 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 No.HMA/214/2021 under Section 11 of the Hindu Marriage Act, 1955, Court of learned Principal Judge, Family Court, husband is regularly appearing. Furthermore, the Hon’ble Supreme 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:- 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. Family Court at Fatehgarh Sahib, Punjab to the d Principal Judge, Family Court at Rupnagar, Punjab. 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 No.HMA/214/2021 under Section 11 of the Hindu Marriage Act, 1955, before the Court of learned Principal Judge, Family Court, Rupnagar, wherein the respondent 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 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 er 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. Therefore, H.M.A. Case No.71/2016 is transferred from Family to the Family Court, Bhopal.” 3 to the On the other hand, learned counsel for the respondent vehemently I have heard learned counsel for the parties and gone through the petition before the the respondent- rendered in 2019 (13) 2019 (13) 2019 (13) 2019 (13) all connected matrimonial accordingly, Relevant paragraph nos.3 to 5 are 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 We are of 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 MOHMED ATIK 2026.07.14 10:11 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.1323 of 2025 (O&M) 1323 of 2025 (O&M) 1323 of 2025 (O&M) 1323 of 2025 (O&M) [8]. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, 1955 is pending adjudication at Rupnagar, therefore, both the parties that all their cases be heard together by the same Court. Consequently the transfer application is the Hindu Marriage Act i.e. “Gurvinder Singh Vs. Amanpreet Kaur” Gurvinder Singh Vs. Amanpreet Kaur” Gurvinder Singh Vs. Amanpreet Kaur” Gurvinder Singh Vs. Amanpreet Kaur” transferred from the Court of learned Principal Judge, Sahib, Punjab to the Court of learne Punjab. The requisite record of the aforesaid case be sent by the Court, Fatehgarh Sahib [9]. Pending miscellaneous application(s), if any, shall also stand disposed of. July July July July 08 08 08 08, , , , 20 20 20 2026 26 26 26 Atik Whether speaking/reasoned Whether reportable 1323 of 2025 (O&M) 1323 of 2025 (O&M) 1323 of 2025 (O&M) 1323 of 2025 (O&M) Considering the aforesaid facts and circumstances, in the humble opinion of this Court, since a petition under Section 11 of the Hindu Marriage Act, 1955 is pending adjudication at Rupnagar, therefore, both the parties that all their cases be heard together by the same Court. Consequently the transfer application is allowed allowed allowed allowed the Hindu Marriage Act i.e. HMA/28/2021 (registered on 18.11.2020) HMA/28/2021 (registered on 18.11.2020) HMA/28/2021 (registered on 18.11.2020) HMA/28/2021 (registered on 18.11.2020) Gurvinder Singh Vs. Amanpreet Kaur” Gurvinder Singh Vs. Amanpreet Kaur” Gurvinder Singh Vs. Amanpreet Kaur” Gurvinder Singh Vs. Amanpreet Kaur”, filed by the respondent from the Court of learned Principal Judge, to the Court of learned Principal Judge, Family Court at Rupnagar, The requisite record of the aforesaid case be sent by the Fatehgarh Sahib 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 Considering the aforesaid facts and circumstances, in the humble since a petition under Section 11 of the Hindu Marriage Act, 1955 is pending adjudication at Rupnagar, therefore, it would be in the interest of both the parties that all their cases be heard together by the same Court. allowed allowed allowed allowed and the petition under Section 9 HMA/28/2021 (registered on 18.11.2020) HMA/28/2021 (registered on 18.11.2020) HMA/28/2021 (registered on 18.11.2020) HMA/28/2021 (registered on 18.11.2020), titled filed by the respondent-husband, stands from the Court of learned Principal Judge, Family Court at Fatehgarh d Principal Judge, Family Court at Rupnagar, The requisite record of the aforesaid case be sent by the learned Family 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 4 Considering the aforesaid facts and circumstances, in the humble since a petition under Section 11 of the Hindu Marriage Act, he interest of both the parties that all their cases be heard together by the same Court. 9 of , titled husband, stands Fatehgarh d Principal Judge, Family Court at Rupnagar, Family Pending miscellaneous application(s), if any, shall also stand disposed MOHMED ATIK 2026.07.14 10:11 I attest to the accuracy and authenticity of this order/judgment