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TA No.260 of 2026 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA 203
POONAM POONAM POONAM POONAM
Vs Vs Vs Vs BALJINDER SINGH BALJINDER SINGH BALJINDER SINGH BALJINDER SINGH
CORAM:
CORAM:
CORAM:
CORAM: HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE
Present: Mr.
for the applicant.
None for the respondent.
HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) [1].
The case bearing HMA/593/2024 HMA/593/2024 HMA/593/2024 HMA/593/2024 Section 13 of the Hindu petition” petition” petition” petition”) at the Principal Judge, Family Court, Patiala [2]. Briefly stating, the marriage between the was solemnized on of matrimonial discord came to be preferred at the instance of respondent application seeking transfer [3].
Learned counsel for the applicant-wife is residing at the above mentioned divorce petition filed at the instance of (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH
Transfer Application No. ransfer Application No. ransfer Application No. ransfer Application No.
Date of Decision: Date of Decision: Date of Decision: Date of Decision:
BALJINDER SINGH BALJINDER SINGH BALJINDER SINGH BALJINDER SINGH
HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HARKESH MANUJ HARKESH MANUJ HARKESH MANUJ HARKESH MANUJ Mr. Bikramjit Singh Randhawa, Advocate for the applicant. None for the respondent. **** HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) The applicant-wife, by way of present HMA/593/2024 HMA/593/2024 HMA/593/2024 HMA/593/2024, titled “Baljinder Singh Vs. Poonam Baljinder Singh Vs. Poonam Baljinder Singh Vs. Poonam Baljinder Singh Vs. Poonam Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce ) at the instance of respondent-husband; from the Court of learned Principal Judge, Family Court, Barnala to the Court of l Patiala. Briefly stating, the marriage between the was solemnized on 23.11.2023 according to Sikh rites and ceremonies. of matrimonial discord between the parties, the above preferred at the instance of respondent application seeking transfer thereof came to be filed by the
Learned counsel for the applicant wife is residing at Patiala. Accordingly, a prayer is made for the above mentioned divorce petition filed at the instance of
IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH ransfer Application No. ransfer Application No. ransfer Application No. ransfer Application No.260 260 260 260 of 202 of 202 of 202 of 2026666 (O&M) (O&M) (O&M) (O&M) Date of Decision: Date of Decision: Date of Decision: Date of Decision: 09 09 09 09.07.2026 .07.2026 .07.2026 .07.2026 ...... ...... ...... ......Applicant Applicant Applicant Applicant …..Respondent(s) …..Respondent(s) …..Respondent(s) …..Respondent(s) HARKESH MANUJ HARKESH MANUJ HARKESH MANUJ HARKESH MANUJAAAA Bikramjit Singh Randhawa, Advocate wife, by way of present application, seeks transfer of Baljinder Singh Vs. Poonam Baljinder Singh Vs. Poonam Baljinder Singh Vs. Poonam Baljinder Singh Vs. Poonam””””, filed under hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce husband; from the Court of learned to the Court of learned Principal Judge, Briefly stating, the marriage between the applicant and respondent according to Sikh rites and ceremonies. On account between the parties, the above mentioned divorce petition preferred at the instance of respondent-husband. Thereupon, the present came to be filed by the applicant-wife. applicant, inter alia, contends that . Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent-husband 1 transfer of , filed under hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce hereinafter to be referred as “divorce husband; from the Court of learned earned Principal Judge, respondent n account mentioned divorce petition , the present , contends that the transfer of husband MOHMED ATIK 2026.07.14 10:11 I attest to the accuracy and authenticity of this
order/judgment
TA No.260 of 2026 (O&M)
from the Court of learned Principal Judge, learned Principal Judge, Family Court, [4]. Despite service, no one has chosen to appear on behalf of the respondent. [5]. I have heard learned counsel for the paper-book. [6]. In the present case, admittedly, the following cases Principal Judge, Family Court, (1)
(2)
(3)
[7]. As per the averments made in the present transfer application, the applicant-wife is applicant is facing expenses in pursuing [8]. Furthermore, the Hon’ble Supreme Court in its decision Manjula Singh Chouhan Manjula Singh Chouhan Manjula Singh Chouhan Manjula Singh Chouhan SCC 660 SCC 660 SCC 660 SCC 660”””” held that, in the interest of both the parties, proceedings should ordinarily be heard by the allowed the transfer application therein. extracted hereunder: (O&M)
from the Court of learned Principal Judge, Family Court, ed Principal Judge, Family Court, Patiala. Despite service, no one has chosen to appear on behalf of the I have heard learned counsel for the In the present case, admittedly, the cases which are pending adjudication before the Court of learned Principal Judge, Family Court, Patiala:- (1) Maintenance application bearing Section 125 of Code of Criminal Procedure maintenance; (2) Complaint bearing COMP/194 Act. FIR No.21 under Section 316(2), 85 of BNS Act registered at Police Station Women Cell, Patiala. As per the averments made in the present transfer application, the wife is unemployed and has no independent is facing great difficulty in bearing the litigation charges and travelling pursuing the said case. Furthermore, the Hon’ble Supreme Court in its decision Manjula Singh Chouhan Manjula Singh Chouhan Manjula Singh Chouhan Manjula Singh Chouhan Versus Versus Versus Versus Vishal Singh Chouhan, Vishal Singh Chouhan, Vishal Singh Chouhan, Vishal Singh Chouhan, held that, in the interest of both the parties, proceedings should ordinarily be heard by the allowed the transfer application therein.
Relevant paragraph nos.3 to 5 are extracted hereunder:-
Family Court, Barnala to the Court of Despite service, no one has chosen to appear on behalf of the I have heard learned counsel for the applicant and gone through the In the present case, admittedly, the applicant-wife has filed the which are pending adjudication before the Court of learned bearing MNT MNT MNT MNT No. No. No. No. 190 190 190 190 of of of of 2025 2025 2025 2025, under Code of Criminal Procedure for grant of Complaint bearing COMP/1941/2025 under Domestic Violence FIR No.21 under Section 316(2), 85 of BNS Act registered at Police Station Women Cell, Patiala. As per the averments made in the present transfer application, the independent source of income. The in bearing the litigation charges and travelling Furthermore, the Hon’ble Supreme Court in its decision rendered in Vishal Singh Chouhan, Vishal Singh Chouhan, Vishal Singh Chouhan, Vishal Singh Chouhan, reported as “2019 (13) 2019 (13) 2019 (13) 2019 (13) held that, in the interest of both the parties, all connected matrimonial proceedings should ordinarily be heard by the same Court and, accordingly, Relevant paragraph nos.3 to 5 are 2 to the Court of Despite service, no one has chosen to appear on behalf of the and gone through the wife has filed the which are pending adjudication before the Court of learned , under grant of /2025 under Domestic Violence FIR No.21 under Section 316(2), 85 of BNS Act registered at As per the averments made in the present transfer application, the source of income. The in bearing the litigation charges and travelling rendered in 2019 (13) 2019 (13) 2019 (13) 2019 (13) all connected matrimonial same Court and, accordingly, Relevant paragraph nos.3 to 5 are MOHMED ATIK 2026.07.14 10:11 I attest to the accuracy and authenticity of this
order/judgment
TA No.260 of 2026 (O&M)
“3. pending in Famil 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 t Bhopal for conduct of other cases pending in Family
4. that all their cases be heard together by the same Court. 5. Court, Indore to the Family Court, Bhopal. [9]. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, Cr.P.C., a complaint under Domestic Violence Act and FIR under Section 316(2), 85 of BNS Act, are pending adjudication at Patiala, therefore, interest of both the parties that all their cases be heard together Consequently the transfer application is Section 13 of the Hindu Marriage Act i.e. Vs. Poonam Vs. Poonam Vs. Poonam Vs. Poonam””””, filed by the respondent of learned Principal Judge, Judge, Family Court, the learned Family Court, [10]. Pending miscellaneous application(s), if any, shall of. July July July July 09 09 09 09, , , , 20 20 20 2026 26 26 26 Atik Whether speaking/reasoned Whether reportable (O&M)
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 t Bhopal for conduct of other cases pending in Family
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 three cases i.e. maintenance petition under Section 125 C., a complaint under Domestic Violence Act and FIR under Section 316(2), 85 of BNS Act, are pending adjudication at Patiala, therefore, interest of both the parties that all their cases be heard together the transfer application is allowed allowed allowed allowed Section 13 of the Hindu Marriage Act i.e. HMA HMA HMA HMA , filed by the respondent-husband, stands transferred of learned Principal Judge, Family Court, Barnala Judge, Family Court, Patiala.
The requisite record of the aforesaid case be sent by Family Court, Barnala to the Court concerned. Pending miscellaneous application(s), if any, shall
(HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA)
Whether speaking/reasoned Yes/No Whether reportable
Yes/No
As per the submission of the appellant, two cases are already 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. 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 since three cases i.e. maintenance petition under Section 125 C., a complaint under Domestic Violence Act and FIR under Section 316(2), 85 of BNS Act, are pending adjudication at Patiala, therefore, it would be in the interest of both the parties that all their cases be heard together at the same place. allowed allowed allowed allowed and the divorce petition under HMA HMA HMA HMA////593 593 593 593////202 202 202 2024444, titled ““““Baljinder Singh Baljinder Singh Baljinder Singh Baljinder Singh husband, stands transferred from the Court Barnala to the Court of learned Principal The requisite record of the aforesaid case be sent by to the Court concerned. Pending miscellaneous application(s), if any, shall also stand disposed (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) JUDGE JUDGE JUDGE JUDGE Yes/No Yes/No 3 As per the submission of the appellant, two cases are already 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 hat the respondent has to travel to We are of the view that it will be in the interests of both the parties H.M.A. Case No.71/2016 is transferred from Family Considering the aforesaid facts and circumstances, in the humble since three cases i.e. maintenance petition under Section 125 C., a complaint under Domestic Violence Act and FIR under Section 316(2), it would be in the at the same place. and the divorce petition under Baljinder Singh Baljinder Singh Baljinder Singh Baljinder Singh from the Court to the Court of learned Principal The requisite record of the aforesaid case be sent by also stand disposed MOHMED ATIK 2026.07.14 10:11 I attest to the accuracy and authenticity of this
order/judgment