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2026 DAILYLAW 28626 (PNJ)

HARJEET KAUR v. GURWINDER SINGH

TA/491/2026 · 2026-07-08

Harkesh Manuja

body2026

Judgment text

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TA-491-2026 (O&M) --1-- 205 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-491-2026 (O&M) Decided on:-08.07.2026 Harjeet Kaur ….Applicant. vs. Gurwinder Singh ….Respondent. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Fateh Singh Bhullar, 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/509/2025 dated 17.10.2025, (Annexure P-1), titled “Gurwinder Singh vs. Harjit 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 Principal Judge, Family Court, Moga to the competent Court of jurisdiction at Patti, District Tarn Taran. 2. Briefly stating, the marriage between the applicant and respondent was solemnized on 22.02.2021; out of their wedlock, a girl child namely, Gursirat Kaur was born on 01.12.2021; on account of matrimonial discord between the parties, the above mentioned petition under Section 13 of 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. SONIKA 2026.07.10 14:00 I attest to the accuracy and authenticity of this document TA-491-2026 (O&M) --2-- 3. Learned counsel for the applicant submits that the applicant is residing alongwith her minor daughter at her parental home at Patti; has no independent source of income and is solely dependent on her old aged widow mother. Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent-husband from Family Court, Moga to Family Court, Patti, District Tarn Tarn. 4. Despite service, no one has chosen to appear 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 has filed a petition bearing MNT-3-2026 for maintenance under Section 144 BNSS, which is pending adjudication before the learned Principal Judge, Family Court, Camp Court, Patti, District Tarn Taran. 7. As per the averments made in the present transfer application, the applicant-wife is taking care of her minor daughter, namely, Gursirat Kaur, while staying at Patti. 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 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 SONIKA 2026.07.10 14:00 I attest to the accuracy and authenticity of this document TA-491-2026 (O&M) --3-- 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, it would be in the interest of both the parties that all their cases be heard together by the same Court. Consequently the transfer application is allowed and the petition under Section 13 of the 1955 Act i.e. HMA/509/2025 dated 17.10.2025, titled “Gurwinder Singh vs. Harjeet Kaur ”, filed by the respondent-husband, stands transferred from the Family Court, Moga, to the Family Court of competent jurisdiction at Patti, District Tarn Taran. The requisite record of the aforesaid case be sent by the Family Court, Moga to the Court concerned. 10. Pending miscellaneous application(s), if any, shall also stand disposed off. 08.07.2026 (HARKESH MANUJA) sonika JUDGE (i) Whether speaking/reasoned: Yes/No (ii) Whether reportable: Yes/ No SONIKA 2026.07.10 14:00 I attest to the accuracy and authenticity of this document