TA No.137 of 202 201 IN THE HIGH COURT OF PUNJAB AND HARYANA Harpinder Kaur Vs Shamsher Singh CORAM: HON'BLE MR. JUSTICE Present: Mr. for the applicant/petitioner. None for the respondent. HARKESH MANUJA, J. The applicant petition bearing Harpinder Kaur (hereinafter to be referred as “ husband; from the Court of learned Court, Patiala to [2] Briefly stating, the marriage between the petitioner and respondent was solemnized on namely, Gurnoor Singh @ Se matrimonial discord between the parties, the above mentioned petition came to be preferred at the instance of respondent the present application seeking transfer applicant-wife. 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. Date of Decision: 18.08 Harpinder Kaur Vs. Shamsher Singh HON'BLE MR. JUSTICE HARKESH MANUJA Mr.Sukhdeep Singh, Advocate for the applicant/petitioner. None for the respondent. **** HARKESH MANUJA, J. The applicant-wife, by way of present case, seeks transfer of petition bearing No. DMC/293/2024, titled “ Harpinder Kaur”, filed under Sections 13 of the Hindu Marriage Act, 1955 hereinafter to be referred as “petition”) at the instance of respondent husband; from the Court of learned Additional to the Court of learned Principal Judge, Family Court, Briefly stating, the marriage between the petitioner and respondent was solemnized on 31.12.2012 Gurnoor Singh @ Sehaj was born on onial discord between the parties, the above mentioned petition came to be preferred at the instance of respondent the present application seeking transfer thereof wife. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 137-2025 (O&M) 18.08.2026 ......Petitioner …..Respondent HARKESH MANUJA wife, by way of present case, seeks transfer of , titled “Shamsher Singh Vs. of the Hindu Marriage Act, 1955 ) at the instance of respondent Additional Principal Judge, Family of learned Principal Judge, Family Court, Karnal Briefly stating, the marriage between the petitioner and 31.12.2012; out of the wedlock a child, was born on 12.08.2015; on account of onial discord between the parties, the above mentioned petition came to be preferred at the instance of respondent-husband. Thereupon, thereof came to be filed by the 1 wife, by way of present case, seeks transfer of Singh Vs. of the Hindu Marriage Act, 1955 ) at the instance of respondent- Principal Judge, Family Karnal. Briefly stating, the marriage between the petitioner and ; out of the wedlock a child, on account of onial discord between the parties, the above mentioned petition Thereupon, came to be filed by the SANJAY GUPTA 2026.08.19 18:09 I attest to the accuracy and integrity of this document TA No.137 of 202 [3] Learned counsel for the ap applicant-wife is residing prayer is made for transfer of the above mentioned petition filed at the instance of respondent Judge, Family Court, Court, Karnal. [4] Although a report has been received that the respondent has been residing abroad, however, a perusal of service report dated 30.09.2025 vide which counsel under the orders of this Court shows that upon been served with the summons, learned counsel for the respondents before the Court below pointed out that since the respondent has gone abroad, he was not in a position to accept the summons, meaning thereby, that the respondent is well aware of the proceedings, however, this Court. [5] I have heard learned counsel for the gone through the paper [6] In t following cases competent jurisdiction at (1) (2) 2025 Learned counsel for the applicant, wife is residing at her parental home at prayer is made for transfer of the above mentioned petition filed at the instance of respondent-husband from the Court of Judge, Family Court, Patiala to the Court of learned Principal Judge, Family Although a report has been received that the respondent has been residing abroad, however, a perusal of service report dated 30.09.2025 vide which counsel for the respondent was sought to be served under the orders of this Court shows that upon been served with the summons, learned counsel for the respondents before the Court below pointed out that since the respondent has gone abroad, he was not in a on to accept the summons, meaning thereby, that the respondent is well aware of the proceedings, however, ha I have heard learned counsel for the gone through the paper-book. In the present case, admittedly, the applicant cases which are pending adjudication before the Court of competent jurisdiction at Karnal:- (1) Complaint under Section 12 of the Protection of Women from Domestic Violence Act, beari 2024; and Application for maintenance under Section 125 Cr.P.C., bearing MNT No.125/3292/2024 plicant, inter alia, contends that the at her parental home at Karnal. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the the Court of learned Addl. Princip of learned Principal Judge, Family Although a report has been received that the respondent has been residing abroad, however, a perusal of service report dated for the respondent was sought to be served under the orders of this Court shows that upon been served with the summons, learned counsel for the respondents before the Court below pointed out that since the respondent has gone abroad, he was not in a on to accept the summons, meaning thereby, that the respondent is as chosen not to appear before I have heard learned counsel for the applicant/ petitioner and he present case, admittedly, the applicant-wife has filed the which are pending adjudication before the Court of Complaint under Section 12 of the Protection of Women from Domestic Violence Act, bearing COMA-7207 of for maintenance under Section 125 Cr.P.C., 3292/2024; 2 the Accordingly, a prayer is made for transfer of the above mentioned petition filed at the Principal of learned Principal Judge, Family Although a report has been received that the respondent has been residing abroad, however, a perusal of service report dated for the respondent was sought to be served under the orders of this Court shows that upon been served with the summons, learned counsel for the respondents before the Court below pointed out that since the respondent has gone abroad, he was not in a on to accept the summons, meaning thereby, that the respondent is chosen not to appear before and wife has filed the which are pending adjudication before the Court of Complaint under Section 12 of the Protection of Women 7207 of for maintenance under Section 125 Cr.P.C., SANJAY GUPTA 2026.08.19 18:09 I attest to the accuracy and integrity of this document TA No.137 of 202 [7] As per the averments made in the present transfer application, the applicant-wife is residing with her parents has no independent 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 same Court and accordingly, allowed the transfer application therein. Relevant paragraphs No.3 to 5 thereof are extracted hereunder: “3. 4. 5. [9] Considering the aforesaid facts and circumstances, in the humble opinion of this Court Protection of Wo 2024 and application MNT No.125/3292/2024, 2025 As per the averments made in the present transfer application, wife is residing with her parents has no independent 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 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: 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 Complaint under Section 12 of the Protection of Women from Domestic Violence Act, bearing COMA pplication for maintenance under Section 125 Cr.P.C., bearing MNT No.125/3292/2024, filed at the instance of applicant are pending at As per the averments made in the present transfer application, wife is residing with her parents along with her minor son and 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 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:- As per the submission of the appellant, two cases are y 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 The fact remains that the respondent has to travel to Bhopal 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 Family Court, Indore to the Family Court, Bhopal.” Considering the aforesaid facts and circumstances, in the Complaint under Section 12 of the men from Domestic Violence Act, bearing COMA-7207 of for maintenance under Section 125 Cr.P.C., bearing filed at the instance of applicant are pending at 3 As per the averments made in the present transfer application, and Furthermore, the Hon’ble Supreme Court in the case of reported as held that in the interest of both the parties, all matrimonial proceedings should ordinarily be heard by the same Court and accordingly, allowed the transfer application therein. Relevant As per the submission of the appellant, two cases are y 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 The fact remains that the respondent has to travel to Bhopal 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 Complaint under Section 12 of the 7207 of for maintenance under Section 125 Cr.P.C., bearing filed at the instance of applicant are pending at SANJAY GUPTA 2026.08.19 18:09 I attest to the accuracy and integrity of this document TA No.137 of 202 Karnal, it would be in the interest of both the parties that heard together [10] Consequently, the transfer application is divorce petition under Section 1 DMC/293/2024 respondent-husband, stands transferred from the Court of Principal Judge, Family Court, Judge, Family Court, sent by the Family Court, [11] Parties are directed to appear before the Court of competent jurisdiction on 14.09.2026. [12] Pending miscellaneous application(s), if any, disposed of. [13] It is made clear that in case, the respondent find any mis statement of fact on the part of at liberty to approach this Court by moving an appropriate application in this regard. 18.08.2026 sanjay Whether speaking/reasoned Whether reportable 2025 it would be in the interest of both the parties that heard together at same place. Consequently, the transfer application is petition under Section 13 of the Hindu Marriage Act i.e. DMC/293/2024, titled “Shamsher Singh Vs. Harpinder Kaur husband, stands transferred from the Court of Principal Judge, Family Court, Patiala to Judge, Family Court, Karnal. The requisite record of the aforesaid case be sent by the Family Court, Patiala to the Family Court, Parties are directed to appear before the Court of competent jurisdiction on 14.09.2026. Pending miscellaneous application(s), if any, It is made clear that in case, the respondent find any mis statement of fact on the part of applicant/petitioner, the respondent at liberty to approach this Court by moving an appropriate application in this Whether speaking/reasoned Whether reportable it would be in the interest of both the parties that all the cases Consequently, the transfer application is allowed and the of the Hindu Marriage Act i.e. sher Singh Vs. Harpinder Kaur”, filed by the husband, stands transferred from the Court of learned Addl. to the Court of learned Principal The requisite record of the aforesaid case be to the Family Court, Karnal. Parties are directed to appear before the Court of competent Pending miscellaneous application(s), if any, shall also stand It is made clear that in case, the respondent find any mis petitioner, the respondent shall at liberty to approach this Court by moving an appropriate application in this (HARKESH MANUJA) JUDGE Yes/No Yes/No 4 all the cases be and the of the Hindu Marriage Act i.e. filed by the Addl. of learned Principal The requisite record of the aforesaid case be Parties are directed to appear before the Court of competent shall also stand It is made clear that in case, the respondent find any mis- shall be at liberty to approach this Court by moving an appropriate application in this SANJAY GUPTA 2026.08.19 18:09 I attest to the accuracy and integrity of this document