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2026 DAILYLAW 29683 (PNJ)

AMANPREET KAUR v. ASHVINDER KAUR AND OTHERS

TA/98/2026 · 2026-07-13

Harkesh Manuja

body2026

Judgment text

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TA No.98 of 2026 TA No.98 of 2026 TA No.98 of 2026 TA No.98 of 2026 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 110+213 AMANPREET KAUR AMANPREET KAUR AMANPREET KAUR AMANPREET KAUR Vs Vs Vs Vs ASHVINDER KAUR AND ORS. ASHVINDER KAUR AND ORS. ASHVINDER KAUR AND ORS. ASHVINDER KAUR AND ORS. CORAM: CORAM: CORAM: CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. for the applicant. Mr. Sandeep Gorsi, Advocate for respondent Nos.1 and 2. HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) CM No. CM No. CM No. CM No. 13365 13365 13365 13365----CII of 2026 CII of 2026 CII of 2026 CII of 2026 For the reasons mentioned in the application, the same is allowed. Written statement Main case Main case Main case Main case 1.1.1.1. The bearing No.CS/2246/202 No.CS/2246/202 No.CS/2246/202 No.CS/2246/202 and others and others and others and others””””, filed at the learned Civil Judge, Senior Divis jurisdiction at Dasuya, District 2.2.2.2. Briefly stating, the marriage between the respondent Nos.1 and 2 discord between the TA No.98 of 2026 TA No.98 of 2026 TA No.98 of 2026 TA No.98 of 2026 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 CM No.13365 CM No.13365 CM No.13365 CM No.13365----CII of 2026 in/and CII of 2026 in/and CII of 2026 in/and CII of 2026 in/and Transfer Application No. ransfer Application No. ransfer Application No. ransfer Application No. Date of Decision: Date of Decision: Date of Decision: Date of Decision: AMANPREET KAUR AMANPREET KAUR AMANPREET KAUR AMANPREET KAUR ...... ...... ...... ...... ASHVINDER KAUR AND ORS. ASHVINDER KAUR AND ORS. ASHVINDER KAUR AND ORS. ASHVINDER KAUR AND ORS. …..Respondent(s) …..Respondent(s) …..Respondent(s) …..Respondent(s) HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Arnav Sood, Advocate for the applicant. Mr. Sandeep Gorsi, Advocate for respondent Nos.1 and 2. **** HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) CII of 2026 CII of 2026 CII of 2026 CII of 2026 For the reasons mentioned in the application, the same is allowed. Written statement filed on behalf of respondent n The applicant, by way of present No.CS/2246/202 No.CS/2246/202 No.CS/2246/202 No.CS/2246/2025555,,,, titled “Ashvinder Kaur & another vs. Amanpreet Kaur Ashvinder Kaur & another vs. Amanpreet Kaur Ashvinder Kaur & another vs. Amanpreet Kaur Ashvinder Kaur & another vs. Amanpreet Kaur filed at the instance of respondent Nos.1 and 2 Civil Judge, Senior Division, Amritsar Dasuya, District Hoshiarpur. Briefly stating, the marriage between the Nos.1 and 2 was solemnized on 02.06.2024. O between the applicant and her husband, she moved 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 CII of 2026 in/and CII of 2026 in/and CII of 2026 in/and CII of 2026 in/and ransfer Application No. ransfer Application No. ransfer Application No. ransfer Application No.98 of 2026 98 of 2026 98 of 2026 98 of 2026 (O&M) (O&M) (O&M) (O&M) Date of Decision: Date of Decision: Date of Decision: Date of Decision: 13 13 13 13.07.2026 .07.2026 .07.2026 .07.2026 ...... ...... ...... ......Applicant Applicant Applicant Applicant …..Respondent(s) …..Respondent(s) …..Respondent(s) …..Respondent(s) HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA For the reasons mentioned in the application, the same is allowed. filed on behalf of respondent nos.1 and 2 is taken on record. , by way of present application, seeks transfer of case Ashvinder Kaur & another vs. Amanpreet Kaur Ashvinder Kaur & another vs. Amanpreet Kaur Ashvinder Kaur & another vs. Amanpreet Kaur Ashvinder Kaur & another vs. Amanpreet Kaur respondent Nos.1 and 2; from the Court of to the learned Court of competent Briefly stating, the marriage between the applicant and son of 02.06.2024. On account of matrimonial applicant and her husband, she moved a complaint and lodged 1 For the reasons mentioned in the application, the same is allowed. transfer of case Ashvinder Kaur & another vs. Amanpreet Kaur Ashvinder Kaur & another vs. Amanpreet Kaur Ashvinder Kaur & another vs. Amanpreet Kaur Ashvinder Kaur & another vs. Amanpreet Kaur from the Court of learned Court of competent son of n account of matrimonial complaint and lodged MOHMED ATIK 2026.07.16 09:50 I attest to the accuracy and authenticity of this order/judgment TA No.98 of 2026 TA No.98 of 2026 TA No.98 of 2026 TA No.98 of 2026 FIR against her District Hoshiarpur abovementioned and 2. Thereupon by the applicant. 3. Learned counsel for the applicant is residing Hoshiarpur.... Accordingly, a prayer is made for civil suit filed at the instance of Civil Judge, Senior Divis jurisdiction at Dasuya, District Hoshiarpur. 4. On the other hand, learned counsel for vehemently opposes the prayer made on behalf of the 5.... I have heard learned counsel for the paper-book. 6. In the present case, admittedly, the cases which are pending adjudication before the Hoshiarpur:- (1) 85 of BNS registered at P.S. Dasuya, District Hoshiarpur against respondent No.2 and hi (2) Protection of Women from Domestic Violence Act, 2 TA No.98 of 2026 TA No.98 of 2026 TA No.98 of 2026 TA No.98 of 2026 FIR against her husband and respondent Nos.1 & 2 Hoshiarpur. It has been alleged that in order to harass the applicant, mentioned civil suit came to be preferred at the instance of respondent Thereupon, the present application seeking transfer . Learned counsel for the applicant is residing with her parents and old grand Accordingly, a prayer is made for filed at the instance of respondent Nos.1 and 2 Civil Judge, Senior Division, Amritsar to the learned Court of competent jurisdiction at Dasuya, District Hoshiarpur. On the other hand, learned counsel for vehemently opposes the prayer made on behalf of the I have heard learned counsel for the In the present case, admittedly, the which are pending adjudication before the (1) Complaint bearing FIR No.85 dated 28.09.2025 under Section 85 of BNS registered at P.S. Dasuya, District Hoshiarpur against respondent No.2 and his son. Complaint under Sections 12, 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2 husband and respondent Nos.1 & 2, which are pending at Dasuya, It has been alleged that in order to harass the applicant, preferred at the instance of respondent Nos.1 application seeking transfer thereof came to be filed applicant, inter alia, contends that the with her parents and old grand-parents at Dasuya, District Accordingly, a prayer is made for transfer of the above mentioned Nos.1 and 2, from the Court of learned to the learned Court of competent On the other hand, learned counsel for respondent Nos.1 and 2 vehemently opposes the prayer made on behalf of the applicant. I have heard learned counsel for the parties and gone through the In the present case, admittedly, the applicant has filed the following which are pending adjudication before the learned Court at Dasuya, District bearing FIR No.85 dated 28.09.2025 under Section 85 of BNS registered at P.S. Dasuya, District Hoshiarpur against Complaint under Sections 12, 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005. 2 , which are pending at Dasuya, It has been alleged that in order to harass the applicant, the Nos.1 came to be filed , contends that the parents at Dasuya, District transfer of the above mentioned from the Court of learned to the learned Court of competent respondent Nos.1 and 2 parties and gone through the following learned Court at Dasuya, District bearing FIR No.85 dated 28.09.2025 under Section 85 of BNS registered at P.S. Dasuya, District Hoshiarpur against Complaint under Sections 12, 18, 19, 20, 22 and 23 of the MOHMED ATIK 2026.07.16 09:50 I attest to the accuracy and authenticity of this order/judgment TA No.98 of 2026 TA No.98 of 2026 TA No.98 of 2026 TA No.98 of 2026 (3) for grant of maintenance allowance. 7. As per the averments made in the present transfer application, the applicant-wife is residing with her parents and has no independent source of income. The applicant travelling expenses upon her parents. 8.8.8.8. The parameters governing exercise of jurisdiction of Section 2 CPC, are not longer Sha, 2022(7) SCC 328, Sha, 2022(7) SCC 328, Sha, 2022(7) SCC 328, Sha, 2022(7) SCC 328, while exercising power under Section 24 CPC is that the ends of justice must warrant the transfer. The Hon’ble Court, further held that, while considering transfer in matrimonial matters, the Courts have to take into consideration the economic soundness of both the parties, behavioural pattern, th thereto and the circumstances of both the parties in under whose protective umbrella they are seeking their sustenance to life. Hon’ble Court also emphasized that parties are pending before different Courts involving common questions, it is desirable that they should be tried together by the multiplicity of proceedings and conflicting decisions. 9. Applying the aforesaid principles to the facts of the present case, this Court finds that the applicant independent source of income TA No.98 of 2026 TA No.98 of 2026 TA No.98 of 2026 TA No.98 of 2026 ) Petition under Section 144 BNS (Earlier Section 125 Cr.P.C.) for grant of maintenance allowance. As per the averments made in the present transfer application, the wife is residing with her parents and has no independent source of income. The applicant is facing great difficulty in bearing the litigation charges and travelling expenses in pursuing the and for the financials, she is totally dependent upon her parents. The parameters governing exercise of jurisdiction of Section 2 CPC, are not longer res integra. In N.C.V. Aishwarya vs. A.S. Saravana Karthik N.C.V. Aishwarya vs. A.S. Saravana Karthik N.C.V. Aishwarya vs. A.S. Saravana Karthik N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha, 2022(7) SCC 328, Sha, 2022(7) SCC 328, Sha, 2022(7) SCC 328, Sha, 2022(7) SCC 328, the Hon’ble Supreme Court held that the cardinal principle while exercising power under Section 24 CPC is that the ends of justice must the transfer. The Hon’ble Court, further held that, while considering transfer in matrimonial matters, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in under whose protective umbrella they are seeking their sustenance to life. Hon’ble Court also emphasized that where multiple proceedings between the some parties are pending before different Courts involving common questions, it is that they should be tried together by the of proceedings and conflicting decisions. Applying the aforesaid principles to the facts of the present case, this Court finds that the applicant-wife is residing with her parents at Dasuya, has no independent source of income; already prosecuting proceedings under the Petition under Section 144 BNS (Earlier Section 125 Cr.P.C.) for grant of maintenance allowance. As per the averments made in the present transfer application, the wife is residing with her parents and has no independent source of in bearing the litigation charges and and for the financials, she is totally dependent The parameters governing exercise of jurisdiction of Section 24 of the N.C.V. Aishwarya vs. A.S. Saravana Karthik N.C.V. Aishwarya vs. A.S. Saravana Karthik N.C.V. Aishwarya vs. A.S. Saravana Karthik N.C.V. Aishwarya vs. A.S. Saravana Karthik the Hon’ble Supreme Court held that the cardinal principle while exercising power under Section 24 CPC is that the ends of justice must the transfer. The Hon’ble Court, further held that, while considering transfer in matrimonial matters, the Courts have to take into consideration the the social strata of the spouses and their eir standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. The where multiple proceedings between the some parties are pending before different Courts involving common questions, it is that they should be tried together by the same Court, so as to avoid of proceedings and conflicting decisions. Applying the aforesaid principles to the facts of the present case, this wife is residing with her parents at Dasuya, has no already prosecuting proceedings under the 3 Petition under Section 144 BNS (Earlier Section 125 Cr.P.C.) As per the averments made in the present transfer application, the wife is residing with her parents and has no independent source of in bearing the litigation charges and and for the financials, she is totally dependent 4 of the N.C.V. Aishwarya vs. A.S. Saravana Karthik N.C.V. Aishwarya vs. A.S. Saravana Karthik N.C.V. Aishwarya vs. A.S. Saravana Karthik N.C.V. Aishwarya vs. A.S. Saravana Karthik the Hon’ble Supreme Court held that the cardinal principle while exercising power under Section 24 CPC is that the ends of justice must the transfer. The Hon’ble Court, further held that, while considering transfer in matrimonial matters, the Courts have to take into consideration the the social strata of the spouses and their eir standard of life prior to the marriage and subsequent eking out their livelihood and The where multiple proceedings between the some parties are pending before different Courts involving common questions, it is so as to avoid Applying the aforesaid principles to the facts of the present case, this wife is residing with her parents at Dasuya, has no already prosecuting proceedings under the MOHMED ATIK 2026.07.16 09:50 I attest to the accuracy and authenticity of this order/judgment TA No.98 of 2026 TA No.98 of 2026 TA No.98 of 2026 TA No.98 of 2026 Protection of Women from criminal case at Dasuya. Requiring her to contest the present civil suit at Amritsar would result in unnecessary hardship, financial burden and multiplicity of proceedings. On the contrary, transfer of the c prejudice the respondents or cause them any irreparable inconvenience, while it would facilitate effective adjudication of all disputes between the parties at one place and obviate the possibility of conflicting findings. 10. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, pending adjudication at interest of both the parties that all their cases be heard together Consequently the transfer application is No.CS/2246/202 CS/2246/202 CS/2246/202 CS/2246/202 others others others others””””, filed by learned Civil Judge, Senior Divis jurisdiction at Dasuya, District Hoshiarpur case be sent by the 11. Pending miscellaneous application(s), if any, shall also stand disposed of. July July July July 13 13 13 13, , , , 20 20 20 2026 26 26 26 Atik Whether speaking/reasoned Whether reportable TA No.98 of 2026 TA No.98 of 2026 TA No.98 of 2026 TA No.98 of 2026 Protection of Women from D.V. Act, the maintenance proceedings criminal case at Dasuya. Requiring her to contest the present civil suit at Amritsar would result in unnecessary hardship, financial burden and multiplicity of proceedings. On the contrary, transfer of the c prejudice the respondents or cause them any irreparable inconvenience, while it would facilitate effective adjudication of all disputes between the parties at one place and obviate the possibility of conflicting findings. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, since three cases filed at the instance of the applicant, pending adjudication at Dasuya, District Hoshiapur interest of both the parties that all their cases be heard together Consequently the transfer application is allowed allowed allowed allowed CS/2246/202 CS/2246/202 CS/2246/202 CS/2246/2025555,,,, titled “Ashvinder Kaur & another vs. Amanpreet Ashvinder Kaur & another vs. Amanpreet Ashvinder Kaur & another vs. Amanpreet Ashvinder Kaur & another vs. Amanpreet filed by respondent Nos.1 and 2, stands transferred learned Civil Judge, Senior Division, Amritsar Dasuya, District Hoshiarpur. The requisite record of the aforesaid case be sent by the learned Trial Court to the Court concerned. Pending miscellaneous application(s), if any, shall also stand disposed (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) Whether speaking/reasoned Yes/No Whether reportable Yes/No the maintenance proceedings and criminal case at Dasuya. Requiring her to contest the present civil suit at Amritsar would result in unnecessary hardship, financial burden and multiplicity of proceedings. On the contrary, transfer of the civil suit at Dasuya would neither prejudice the respondents or cause them any irreparable inconvenience, while it would facilitate effective adjudication of all disputes between the parties at one place and obviate the possibility of conflicting findings. Considering the aforesaid facts and circumstances, in the humble filed at the instance of the applicant, Dasuya, District Hoshiapur, , , , 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 civil suit bearing Ashvinder Kaur & another vs. Amanpreet Ashvinder Kaur & another vs. Amanpreet Ashvinder Kaur & another vs. Amanpreet Ashvinder Kaur & another vs. Amanpreet Kaur and Kaur and Kaur and Kaur and , stands transferred from the Court of to the learned Court of competent The requisite record of the aforesaid 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 4 the criminal case at Dasuya. Requiring her to contest the present civil suit at Amritsar would result in unnecessary hardship, financial burden and multiplicity of ivil suit at Dasuya would neither prejudice the respondents or cause them any irreparable inconvenience, while it would facilitate effective adjudication of all disputes between the parties at one Considering the aforesaid facts and circumstances, in the humble are it would be in the at the same place. bearing Kaur and Kaur and Kaur and Kaur and from the Court of to the learned Court of competent The requisite record of the aforesaid Pending miscellaneous application(s), if any, shall also stand disposed MOHMED ATIK 2026.07.16 09:50 I attest to the accuracy and authenticity of this order/judgment