TA No. TA No. TA No. TA No.480 480 480 480 of 2026 of 2026 of 2026 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 216 SUMANPREET KAUR SUMANPREET KAUR SUMANPREET KAUR SUMANPREET KAUR Vs Vs Vs Vs MUKH MITTAR SINGH MUKH MITTAR SINGH MUKH MITTAR SINGH MUKH MITTAR SINGH CORAM: CORAM: CORAM: CORAM: HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE Present: Ms. Amarjeet Kaur, Advocate for Mr. Sukhbir Maadi, Advocate for the applicant. Mr. Aryan Sharma, Advocate for Mr. Umesh Aggarwal, Advocate for the respondent. HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) 1. The case bearing HMA/35/2025 HMA/35/2025 HMA/35/2025 HMA/35/2025 filed under Section 13 as “divorce petition” as “divorce petition” as “divorce petition” as “divorce petition” learned Principal Judge, to the learned Amritsar. 2. Briefly stating, the marriage between the was solemnized on matrimonial discord came to be preferred at the instance of respondent application seeking transfer 3. Learned counsel for the applicant states that residing with her parents at Baba Bakala Sahib, District Amritsar of 2026 of 2026 of 2026 of 2026 (O&M) (O&M) (O&M) (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: SUMANPREET KAUR SUMANPREET KAUR SUMANPREET KAUR SUMANPREET KAUR MUKH MITTAR SINGH MUKH MITTAR SINGH MUKH MITTAR SINGH MUKH MITTAR SINGH HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HARKESH MANUJA HARKESH MANUJA HARKESH MANUJA HARKESH MANUJA Ms. Amarjeet Kaur, Advocate for Mr. Sukhbir Maadi, Advocate for the applicant. Mr. Aryan Sharma, Advocate for Mr. Umesh Aggarwal, Advocate 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/35/2025 HMA/35/2025 HMA/35/2025 HMA/35/2025, titled “Mukh Mittar Singh Vs. Sumanpreet Kaur Mukh Mittar Singh Vs. Sumanpreet Kaur Mukh Mittar Singh Vs. Sumanpreet Kaur Mukh Mittar Singh Vs. Sumanpreet Kaur filed under Section 13 of the Hindu Marriage Act, 1955 ( as “divorce petition” as “divorce petition” as “divorce petition” as “divorce petition”) at the instance of respondent learned Principal Judge, Family Court, Camp Court at Bholath, District Kapurthala learned Court of competent jurisdiction at Baba Bakala Sahib, District Briefly stating, the marriage between the was solemnized on 29.12.2023 according to Sikh rites and rituals. O matrimonial discord between the parties, the above mentioned divorce petition preferred at the instance of respondent application seeking transfer thereof came to be filed by the Learned counsel for the applicant states that with her parents at Baba Bakala Sahib, District Amritsar 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.480 480 480 480 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: 13 13 13 13.07.2026 .07.2026 .07.2026 .07.2026 ...... ...... ...... ......Applicant Applicant Applicant Applicant …..Respondent(s) …..Respondent(s) …..Respondent(s) …..Respondent(s) HARKESH MANUJA HARKESH MANUJA HARKESH MANUJA HARKESH MANUJA Ms. Amarjeet Kaur, Advocate for Mr. Sukhbir Maadi, Advocate Mr. Aryan Sharma, Advocate for Mr. Umesh Aggarwal, Advocate wife, by way of present application, seeks transfer of Mukh Mittar Singh Vs. Sumanpreet Kaur Mukh Mittar Singh Vs. Sumanpreet Kaur Mukh Mittar Singh Vs. Sumanpreet Kaur Mukh Mittar Singh Vs. Sumanpreet Kaur Marriage Act, 1955 (hereinafter to be referred hereinafter to be referred hereinafter to be referred hereinafter to be referred espondent-husband; from the Court of Camp Court at Bholath, District Kapurthala Court of competent jurisdiction at Baba Bakala Sahib, District Briefly stating, the marriage between the applicant and respondent according to Sikh rites and rituals. On account of 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. Learned counsel for the applicant states that the applicant-wife is with her parents at Baba Bakala Sahib, District Amritsar.... Accordingly, a 1 transfer of Mukh Mittar Singh Vs. Sumanpreet Kaur Mukh Mittar Singh Vs. Sumanpreet Kaur Mukh Mittar Singh Vs. Sumanpreet Kaur Mukh Mittar Singh Vs. Sumanpreet Kaur””””, hereinafter to be referred hereinafter to be referred hereinafter to be referred hereinafter to be referred husband; from the Court of Camp Court at Bholath, District Kapurthala Court of competent jurisdiction at Baba Bakala Sahib, District respondent n account of between the parties, the above mentioned divorce petition e present wife is Accordingly, a MOHMED ATIK 2026.07.16 09:50 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.480 480 480 480 of 2026 of 2026 of 2026 of 2026 prayer is made instance of respondent Court, Camp Court at Bholath, District Kapurthala competent jurisdiction at Baba 4. I have heard learned counsel for the paper-book. 5. In the present case, admittedly, the application bearing No.MNT maintenance against the respondent, which is learned Addl. Principal Judge, Family Court, alongwith a complaint bearing No.COM/27/2025 which is pending before the learned Sub-Div 6. As per the averments made in the present transfer application, the applicant-wife is residing and has no independent source of in bearing the litigation charges and travelling expenses and for the financials, she is totally dependent upon her parents. 7. Furthermore, the Hon’ble Supreme Court in its decisi 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: “3. pending in Family parties to try all their cases in Bhopal. Learned counsel for the respondent of 2026 of 2026 of 2026 of 2026 (O&M) (O&M) (O&M) (O&M) for transfer of the above mentioned divorce petition filed at the respondent-husband from the Court of learned Principal Judge, Camp Court at Bholath, District Kapurthala competent jurisdiction at Baba Bakala Sahib, District Amritsar. I have heard learned counsel for the In the present case, admittedly, the bearing No.MNT-125-11-2026 under Section 144 of BNSS for maintenance against the respondent, which is Principal Judge, Family Court, Baba Bakala Sahib, District Amritsar a complaint bearing No.COM/27/2025 which is pending before the Divisional Judicial Magistrate, Baba Bakala Sahib, District Amritsar. As per the averments made in the present transfer application, the wife is residing with her parents at Baba Bakala Sahib, District Amritsar and has no independent source of income. The applicant in bearing the litigation charges and travelling expenses and for the financials, she is totally dependent upon her parents. Furthermore, the Hon’ble Supreme Court in its decisi 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 the transfer application therein. Relevant paragraph nos.3 to 5 are extracted 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 transfer of the above mentioned divorce petition filed at the from the Court of learned Principal Judge, Family Camp Court at Bholath, District Kapurthala to the learned Court of Bakala Sahib, District Amritsar. I have heard learned counsel for the parties and gone through the In the present case, admittedly, the applicant-wife has filed under Section 144 of BNSS for grant of maintenance against the respondent, which is pending adjudication before the Baba Bakala Sahib, District Amritsar a complaint bearing No.COM/27/2025 which is pending before the isional Judicial Magistrate, Baba Bakala Sahib, District Amritsar. As per the averments made in the present transfer application, the Baba Bakala Sahib, District Amritsar income. The applicant is facing great difficulty in bearing the litigation charges and travelling expenses in pursuing the said case and for the financials, she is totally dependent upon her parents. 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 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 2 transfer of the above mentioned divorce petition filed at the Family learned Court of and gone through the an grant of pending adjudication before the Baba Bakala Sahib, District Amritsar a complaint bearing No.COM/27/2025 which is pending before the isional Judicial Magistrate, Baba Bakala Sahib, District Amritsar. As per the averments made in the present transfer application, the Baba Bakala Sahib, District Amritsar great difficulty the said case rendered in 2019 (13) 2019 (13) 2019 (13) 2019 (13) all connected matrimonial same Court and, accordingly, Relevant paragraph nos.3 to 5 are 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 MOHMED ATIK 2026.07.16 09:50 I attest to the accuracy and authenticity of this order/judgment TA No. TA No. TA No. TA No.480 480 480 480 of 2026 of 2026 of 2026 of 2026 however, submits that it will suit to the appellant only, therefore, transfer may not be permitted. The fact remains tha 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. 8. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, BNSS, 2023 for COM/27/2025, therefore, it would be in the interest of both the parties that all their cases be heard together at the same place divorce petition under Section 13 titled “Mukh Mittal Singh vs. Sumanpreet Kaur Mukh Mittal Singh vs. Sumanpreet Kaur Mukh Mittal Singh vs. Sumanpreet Kaur Mukh Mittal Singh vs. Sumanpreet Kaur stands transferred Court at Bholath, District Kapurthala at Baba Bakala Sahib, District Amritsar. be sent by the learned the Court concerned. 9. 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 of 2026 of 2026 of 2026 of 2026 (O&M) (O&M) (O&M) (O&M) however, submits that it will suit to the appellant only, therefore, transfer may not be permitted. The fact remains tha 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 two cases i.e. an for grant of interim maintenance are pending adjudication at Baba Bakala Sahib, District Amritsar it would be in the interest of both the parties that all their cases be heard at the same place. Consequently the transfer application is divorce petition under Section 13 of the Hindu Marriage Act i.e. Mukh Mittal Singh vs. Sumanpreet Kaur Mukh Mittal Singh vs. Sumanpreet Kaur Mukh Mittal Singh vs. Sumanpreet Kaur Mukh Mittal Singh vs. Sumanpreet Kaur stands transferred from the Court of learned Principal Judge, Court at Bholath, District Kapurthala to the learned Court of competent jurisdiction at Baba Bakala Sahib, District Amritsar. The requisite record of the aforesaid case learned Family Court, Camp Court at 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 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. 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 application under Section 144 interim maintenance and Complaint case bearing Baba Bakala Sahib, District Amritsar it would be in the interest of both the parties that all their cases be heard equently the transfer application is allowed allowed allowed allowed and the of the Hindu Marriage Act i.e. HMA HMA HMA HMA/35/ /35/ /35/ /35/2025 2025 2025 2025 Mukh Mittal Singh vs. Sumanpreet Kaur Mukh Mittal Singh vs. Sumanpreet Kaur Mukh Mittal Singh vs. Sumanpreet Kaur Mukh Mittal Singh vs. Sumanpreet Kaur””””, filed by the respondent-husband, Principal Judge, Family Court, Camp learned Court of competent jurisdiction The requisite record of the aforesaid case Camp Court at Bholath, District Kapurthala 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 however, submits that it will suit to the appellant only, therefore, transfer t the respondent has to travel to We are of the view that it will be in the interests of both the parties A. Case No.71/2016 is transferred from Family Considering the aforesaid facts and circumstances, in the humble 144 of and Complaint case bearing Baba Bakala Sahib, District Amritsar, it would be in the interest of both the parties that all their cases be heard and the 2025 2025 2025 2025 husband, Camp learned Court of competent jurisdiction The requisite record of the aforesaid case Bholath, District Kapurthala to 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