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2025 DAILYLAW 8934 (PNJ)

SARABJEET KAUR v. PARVINDER SINGH

TA/617/2025 · 2026-09-03

Harkesh Manuja

body2025

Judgment text

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TA-617-2025 (O&M) --1-- 205 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-617-2025 (O&M) Decided on:-03.09.2026 Sarabjeet Kaur ….Applicant. vs. Parvinder Singh ….Respondent. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Ms. Roja Agnihotri, Advocate for the applicant. None for the respondent. ***** HARKESH MANUJA J. (Oral) 1. The applicant-wife, by way of present application, seeks transfer of petition bearing HMA/866/2024, titled as “Parvinder Singh vs. Sarabjeet Kaur” filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as “1955 Act”) at the instance of respondent-husband; from the Court of learned Additional Principal Judge, Family Court, Ambala to the competent Court of jurisdiction at Derabassi, SAS Nagar, Mohali. 2. Briefly stating, the marriage between the applicant and respondent was solemnized on 27.02.2022; on account of matrimonial discord between the parties, the above mentioned petition under Section 13 of the 1955 Act, came to be preferred at the instance of respondent-husband. Thereupon, the present application seeking transfer thereof came to be filed by the applicant-wife. 3. Learned counsel for the applicant, inter alia, contends that the SONIKA 2026.09.08 11:38 I attest to the accuracy and authenticity of this document TA-617-2025 (O&M) --2-- applicant-wife is residing with her parents, who are residing in Village Lalru, District SAS Nagar, Mohali. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of respondent- husband from Family Court, Ambala to Family Court, at Derabassi, SAS Nagar Mohali. 4. Even on second call, no one has appeared on behalf of the respondent. 5. I have heard learned counsel for the applicant and gone through the paper-book. 6. In the present case, admittedly, the applicant-wife filed petition bearing HMA/129-2025 under Section 9 of the 1955 Act, complaint bearing COMI/124/2024 under Sections 85, 86, 351(2) 351 (3) of the BNS and petition bearing MNT/125/45/2025 under Section 125 Cr.P.C./144 BNSS for grant of maintenance, which are pending adjudication at Dera Bassi, SAS Nagar, Mohali. 7. As per the averments made in the present transfer application, the applicant-wife has no independent source of income and is solely dependent upon the mercy of her parents, who are residing at Village Lalru, District SAS Nagar, Mohali. 8. Furthermore, the Hon’ble Supreme Court in its decision rendered in “Manjula Singh Chouhan Versus Vishal Singh Chouhan”, reported as 2019 (13) SCC 660 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 reproduced 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 SONIKA 2026.09.08 11:38 I attest to the accuracy and authenticity of this document TA-617-2025 (O&M) --3-- 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. 4. 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. 5. Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal.” 9. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, since petition bearing HMA/129-2025 under Section 9 of the 1955 Act, complaint bearing COMI/124/2024 under Sections 85, 86, 351(2) 351 (3) of the BNS and petition bearing MNT/125/45/2025 under Section 125 Cr.P.C./144 BNSS for grant of maintenance, are pending adjudication at Dera Bassi, SAS Nagar, Mohali, therefore, it would be in the interest of both the parties that all their cases be heard together at the same place. Consequently the transfer application is allowed and the petition bearing HMA-866-2024 under Section 13 of the 1955 Act, titled “Parvinder Singh vs. Sarabjeet Kaur”, filed by the respondent-husband, stands transferred from the Family Court, Ambala, to the concerned Family Court, Dera Bassi, SAS Nagar, Mohali. The requisite record of the aforesaid case be sent by the Family Court, Ambala to the Court concerned. 10. The parties are directed to appear before the ld. Family Court, Dera Bassi, SAS Nagar, Mohali on 22.09.2026 or the date already fixed. The Court concerned shall also ensure that all the cases be listed on the same date. 11. Pending miscellaneous application(s), if any, shall also stand disposed off. 03.09.2026 (HARKESH MANUJA) sonika JUDGE (i) Whether speaking/reasoned: Yes/No (ii) Whether reportable: Yes/ No SONIKA 2026.09.08 11:38 I attest to the accuracy and authenticity of this document