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2026 DAILYLAW 28897 (PNJ)

NEELAM KAUR v. SATNAM SINGH

TA/323/2026 · 2026-07-09

Harkesh Manuja

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

TA No.323 of 202 284 IN THE HIGH COURT OF PUNJAB AND HARYANA Neelam Kaur Vs Satnam Singh CORAM: HON'BLE MR. JUSTICE Present: Mr. Simratpal Singh, Advocate and Ms.Roja Agnihotri, Advocate for the applicant/petitioner. Ms. Manisha Sharma, Advocate for Mr. M.S. Bhatti, Advocate for the respondent. HARKESH MANUJA, J. (Oral) The applicant divorce petition bearing Neelam Kaur” (hereinafter to be referred as “ husband; from the Court of learned Judge, Family Court, Ludhiana to the Court of [2] Briefly stating, the marriage between the petitioner and respondent was solemnized Kaur was born on the parties, the above mentioned petition came to be preferred at the instance of respondent seeking transfer 2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. Date of Decision: 0 Vs Satnam Singh HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Simratpal Singh, Advocate and Ms.Roja Agnihotri, Advocate for the applicant/petitioner. Ms. Manisha Sharma, Advocate for Mr. M.S. Bhatti, Advocate for the respondent. **** HARKESH MANUJA, J. (Oral) The applicant-wife, by way of present case, seeks transfer of divorce petition bearing No. HMA-34-2026 ”, filed under Section 9 of the hereinafter to be referred as “petition” husband; from the Court of learned Judge, Family Court, the Court of competent jurisdiction at Kapurthala Briefly stating, the marriage between the petitioner and respondent was solemnized on 26.01.2024 was born on 11.12.2025; on account of matrimonial discord between the parties, the above mentioned petition came to be preferred at the instance of respondent-husband. Thereupon, seeking transfer thereof came to be filed by the applicant IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 323 of 2026 (O&M) Date of Decision: 09.07.2026 ......Petitioner …..Respondent HARKESH MANUJA Mr. Simratpal Singh, Advocate and Ms. Manisha Sharma, Advocate for wife, by way of present case, seeks transfer of 2026, titled “Satnam Singh Vs. of the Restitution of Conjugal Rights ”) at the instance of respondent husband; from the Court of learned Judge, Family Court, Jagraon, District competent jurisdiction at Kapurthala. Briefly stating, the marriage between the petitioner and 26.01.2024; a girl child namely, Simrat on account of matrimonial discord between the parties, the above mentioned petition came to be preferred at the Thereupon, the present application came to be filed by the applicant-wife. 1 wife, by way of present case, seeks transfer of Satnam Singh Vs. Restitution of Conjugal Rights at the instance of respondent- Jagraon, District Briefly stating, the marriage between the petitioner and Simrat on account of matrimonial discord between the parties, the above mentioned petition came to be preferred at the the present application SANJAY GUPTA 2026.07.13 17:58 I attest to the accuracy and integrity of this document TA No.323 of 202 [3] Learned counsel for the applicant, applicant-wife at her parental home transfer of the above mentioned petition filed at the instance of respondent husband from Family Court, at Kapurthala. [4] Learned prayer made on behalf of the applicant. [5] I have heard learned counsel for the the paper-book. [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 she is residing with her parents and has no independent source of income. [8] Furthermore, the Hon’ble Supreme Court in the case of Manjula Singh Chouhan “2019 (13) SCC 660” 2026 Learned counsel for the applicant, has been thrown out of the matrimonial house and at her parental home at Kapurthala. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of respondent husband from Family Court, Jagraon to the Court of competent jurisdiction earned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant. I have heard learned counsel for the book. In the present case, admittedly, the applicant ases which are pending adjudication before the Court of competent jurisdiction at Kapurthala:- (1) Application under Section 125 Cr.P.C. bearin 125/5/2026, titled as “Neelam Kaur Vs. Satnam Singh and Application under Section 12 of Protection of Women from Domestic Violence Act, 2005 bearing COMA No.10/2026 titled as “ Singh”. As per the averments made in the present transfer application, wife was thrown out of the mat residing with her parents and 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 Learned counsel for the applicant, inter alia, contends that the has been thrown out of the matrimonial house and is residing . Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of respondent the Court of competent jurisdiction counsel for the respondent vehemently opposes the I have heard learned counsel for the parties and gone through In the present case, admittedly, the applicant-wife has filed the which are pending adjudication before the Court of Application under Section 125 Cr.P.C. bearin MNT Neelam Kaur Vs. Satnam Singh Application under Section 12 of Protection of Women from Domestic Violence Act, 2005 bearing COMA ““Neelam Kaur Vs. Satnam As per the averments made in the present transfer application, of the matrimonial house and since then residing with her parents and has no independent source of income. 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 2 the is residing . Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of respondent- the Court of competent jurisdiction counsel for the respondent vehemently opposes the and gone through wife has filed the which are pending adjudication before the Court of MNT- Neelam Kaur Vs. Satnam Singh”; Application under Section 12 of Protection of Women from Domestic Violence Act, 2005 bearing COMA Neelam Kaur Vs. Satnam As per the averments made in the present transfer application, rimonial house and since then residing with her parents and has no independent source of income. Furthermore, the Hon’ble Supreme Court in the case of reported as held that in the interest of both the parties, all SANJAY GUPTA 2026.07.13 17:58 I attest to the accuracy and integrity of this document TA No.323 of 202 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 125 Cr.P.C. bearing MNT No.125/ Section 12 of the Protection of Women from Domestic Violence Act, the instance of applicant are pending at Kapurthala, in the interest of both the parties that all their cases be heard together the same place [10] Consequently, the transfer application is petition under Section “Satnam Singh Vs. Neelam Kaur stands transferred from the Court of 2026 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: 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 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. bearing MNT No.125/5/2026 Section 12 of the Protection of Women from Domestic Violence Act, the instance of applicant are pending at Kapurthala, in the interest of both the parties that all their cases be heard together the same place. Consequently, the transfer application is petition under Section 9 of the Hindu Marriage Act i.e. Satnam Singh Vs. Neelam Kaur”, filed by the respondent stands transferred from the Court of learned Judge 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:- 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, We are of the view that it will be in the interests of both es that all their cases be heard together by the 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 cases i.e. application under Section 6 as well as application under Section 12 of the Protection of Women from Domestic Violence Act, filed at the instance of applicant are pending at Kapurthala, therefore, it would be in the interest of both the parties that all their cases be heard together Consequently, the transfer application is allowed and the of the Hindu Marriage Act i.e. HMA-34-2026, titled filed by the respondent-husband, learned Judge, Family Court, Jagraon 3 connected 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 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 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, We are of the view that it will be in the interests of both es that all their cases be heard together by the 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 as well as application under filed at it would be in the interest of both the parties that all their cases be heard together at and the , titled husband, , Jagraon SANJAY GUPTA 2026.07.13 17:58 I attest to the accuracy and integrity of this document TA No.323 of 202 to the Court of competent jurisdiction at Kapurthala the aforesaid case be sent by the Family competent jurisdiction at Kapurthala [11] Pending miscellaneous application(s), if any, shall also stand disposed of. 09.07.2026 sanjay Whether speaking/reasoned Whether reportable 2026 to the Court of competent jurisdiction at Kapurthala the aforesaid case be sent by the Family competent jurisdiction at Kapurthala. Pending miscellaneous application(s), if any, shall also stand Whether speaking/reasoned Whether reportable to the Court of competent jurisdiction at Kapurthala. The requisite record of Court, Jagraon to the Court of Pending miscellaneous application(s), if any, shall also stand (HARKESH MANUJA) JUDGE Yes/No Yes/No 4 . The requisite record of Court of Pending miscellaneous application(s), if any, shall also stand SANJAY GUPTA 2026.07.13 17:58 I attest to the accuracy and integrity of this document