TA No.956 of 2025 300 IN THE HIGH COURT OF PUNJAB AND HARYANA Damini Pal Vs Gurinderbir Singh CORAM: HON'BLE MR. Present: Ms. Arpita Walia, Mr. S.K. Bawa, Advocate for the applicant/petitioner. None for the respondent. HARKESH MANUJA, J. (Oral) The applicant divorce petition bearing Damini Pal”, filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as “ respondent-husband; from the Court of learned Family Court, Jalandhar. [2] Briefly stating, the marriage between the petitioner and respondent was discord between the parties, the above mentioned divorce petition came to be preferred at the instance of respondent present application seeking transfer applicant-wife. 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. Date of Decision: 16 Vs Gurinderbir Singh HON'BLE MR. JUSTICE HARKESH MANUJA Ms. Arpita Walia, Advocate for Mr. S.K. Bawa, Advocate for the applicant/petitioner. None for the respondent. **** HARKESH MANUJA, J. (Oral) The applicant-wife, by way of present case, seeks transfer of divorce petition bearing No. HMA-44/2023 , filed under Section 13 of the Hindu Marriage Act, 1955 hereinafter to be referred as “divorce petition husband; from the Court of learned Family Court, Ajnala to the Court learned Principal Judge, Family Court, Briefly stating, the marriage between the petitioner and respondent was solemnized on 09.10.2022 discord between the parties, the above mentioned divorce petition came to be preferred at the instance of respondent present application seeking transfer thereof wife. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 956 of 2025 (O&M) 16.07.2026 ......Petitioner …..Respondent JUSTICE HARKESH MANUJA wife, by way of present case, seeks transfer of 3, titled “Gurinderbir Singh Vs. , filed under Section 13 of the Hindu Marriage Act, 1955 divorce petition”) at the instance of husband; from the Court of learned Additional Principal Judge, learned Principal Judge, Family Court, Briefly stating, the marriage between the petitioner and 09.10.2022; on account of matrimonial discord between the parties, the above mentioned divorce petition came to be preferred at the instance of respondent-husband. Thereupon, the thereof came to be filed by the 1 wife, by way of present case, seeks transfer of Gurinderbir Singh Vs. , filed under Section 13 of the Hindu Marriage Act, 1955 ) at the instance of Principal Judge, learned Principal Judge, Family Court, Briefly stating, the marriage between the petitioner and ; on account of matrimonial discord between the parties, the above mentioned divorce petition came to the came to be filed by the SANJAY GUPTA 2026.07.20 10:14 I attest to the accuracy and integrity of this document TA No.956 of 2025 [3] Learned counsel for the applicant, applicant-wife is residing at her parental home at prayer is made for transfer of the above mentioned divorce petition the instance of respondent Court, Jalandhar [4] Despite service, no one has chosen to appear on behalf of the respondent. [5] I have heard learned counsel for the through the paper [6] In the present case, admittedly, the applicant following cases competent jurisdiction at (1) (2) [7] As per the averments made in the present transfer application, the applicant-wife is residing with source of income. [8] Furthermore, the Hon’ble Supreme Court in the case of Manjula Singh Chouhan “2019 (13) SCC 660” connected matrimonial proceedings should ordinarily be heard by the Court and accordingly, allowed the transfer application therein. Relevant paragraphs No.3 to 5 thereof are extracted hereunder: 2025 Learned counsel for the applicant, wife is residing at her parental home at prayer is made for transfer of the above mentioned divorce petition the instance of respondent-husband from Family Court, Jalandhar. espite service, no one has chosen to appear on behalf of the I have heard learned counsel for the through the paper-book. In the present case, admittedly, the applicant cases which are pending adjudication before the Court of competent jurisdiction at Jalandhar:- (1) Application under Section from Domestic Violence Act Application under Section maintenance; As per the averments made in the present transfer application, wife is residing with her parent source of income. Furthermore, the Hon’ble Supreme Court in the case of Manjula Singh Chouhan Versus Vishal Singh Chouhan 2019 (13) SCC 660” held that in the interest of both the parties, all connected matrimonial proceedings should ordinarily be heard by the Court and accordingly, allowed the transfer application therein. Relevant paragraphs No.3 to 5 thereof are extracted hereunder: Learned counsel for the applicant, inter alia, contends that the wife is residing at her parental home at Jalandhar. Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at husband from Family Court, Ajnala to Family espite service, no one has chosen to appear on behalf of the I have heard learned counsel for the applicant and gone In the present case, admittedly, the applicant-wife has filed the which are pending adjudication before the Court of Application under Section 12 of the Protection of Women Violence Act; Application under Section 125 Cr.P.C. for grant of As per the averments made in the present transfer application, parents and has no independent Furthermore, the Hon’ble Supreme Court in the case of Vishal Singh Chouhan, reported as 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 extracted hereunder:- 2 the . Accordingly, a filed at to Family espite service, no one has chosen to appear on behalf of the and gone wife has filed the which are pending adjudication before the Court of 12 of the Protection of Women 125 Cr.P.C. for grant of As per the averments made in the present transfer application, and has no independent Furthermore, the Hon’ble Supreme Court in the case of reported as held that in the interest of both the parties, all same Court and accordingly, allowed the transfer application therein. Relevant SANJAY GUPTA 2026.07.20 10:14 I attest to the accuracy and integrity of this document TA No.956 of 2025 “3. 4. 5. [9] Considering the aforesaid facts and circumstances, in the humble opinion of this Court 125 Cr.P.C. for grant of maintenance Section 12 of the Protection of Women from Domestic Violence Act, filed at the instance of applicant are pending at the interest of both the parties that all their cases be heard together same place. [10] Consequently, the transfer application is divorce petition under Section 13 of the Hindu Marriage Act i.e. 44/2023, titled “ respondent-husband, stands transferred from the Court of Additional Principal Judge, Principal Judge, Family Court, aforesaid case be sent by the Family Court, Jalandhar. 2025 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. 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 two cases i.e. application under Section 125 Cr.P.C. for grant of maintenance as well as a Section 12 of the Protection of Women from Domestic Violence Act, filed at the instance of applicant are pending at Jalandhar the interest of both the parties that all their cases be heard together Consequently, the transfer application is divorce petition under Section 13 of the Hindu Marriage Act i.e. , titled “Gurinderbir Singh Vs. Damini Pal husband, stands transferred from the Court of Principal Judge, Family Court, Ajnala Principal Judge, Family Court, Jalandhar aforesaid case be sent by the Family Court, 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 pal for conduct of other cases pending in 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 Therefore, H.M.A. Case No.71/2016 is transferred from amily Court, Indore to the Family Court, Bhopal.” Considering the aforesaid facts and circumstances, in the cases i.e. application under Section as well as an application under Section 12 of the Protection of Women from Domestic Violence Act, filed at Jalandhar, therefore, it would be in the interest of both the parties that all their cases be heard together at the Consequently, the transfer application is allowed and the divorce petition under Section 13 of the Hindu Marriage Act i.e. HMA Gurinderbir Singh Vs. Damini Pal”, filed by the husband, stands transferred from the Court of learne Ajnala to the Court of Learned Jalandhar. The requisite record of the aforesaid case be sent by the Family Court, Ajnala to the Family Court at 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 pal for conduct of other cases pending in 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 Therefore, H.M.A. Case No.71/2016 is transferred from Considering the aforesaid facts and circumstances, in the cases i.e. application under Section under Section 12 of the Protection of Women from Domestic Violence Act, filed at it would be in at the and the HMA- filed by the learned Learned The requisite record of the to the Family Court at SANJAY GUPTA 2026.07.20 10:14 I attest to the accuracy and integrity of this document TA No.956 of 2025 [11] Pending disposed of. 16.07.2026 sanjay Whether speaking/reasoned Whether reportable 2025 Pending miscellaneous application(s), if any, shall also stand Whether speaking/reasoned Whether reportable miscellaneous application(s), if any, shall also stand (HARKESH MANUJA) JUDGE Yes/No Yes/No 4 miscellaneous application(s), if any, shall also stand SANJAY GUPTA 2026.07.20 10:14 I attest to the accuracy and integrity of this document