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2026 DAILYLAW 32532 (PNJ)

GURNOORINDER SINGH v. NAVDEEP KAUR AND ANOTHER

TA/144/2026 · 2026-07-20

Harkesh Manuja

body2026

Judgment text

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TA No.144 of 2026 TA No.144 of 2026 TA No.144 of 2026 TA No.144 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 172 GURNOORINDER SINGH GURNOORINDER SINGH GURNOORINDER SINGH GURNOORINDER SINGH Vs Vs Vs Vs NAVDEEP KAUR AND ANR. NAVDEEP KAUR AND ANR. NAVDEEP KAUR AND ANR. NAVDEEP KAUR AND ANR. CORAM: CORAM: CORAM: CORAM: HON'BLE MR. HON'BLE MR. HON'BLE MR. HON'BLE MR. Present: Mr. for the applicant. Mr. Navkiran Singh, Advocate and Mr. for the respondents. HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) 1.1.1.1. The Suit bearing No. Gurnoorinder Singh” Gurnoorinder Singh” Gurnoorinder Singh” Gurnoorinder Singh” recovery of arrears of maintenance, Family Court, Sri Muktsar Sahib t Chandigarh. 2.2.2.2. Briefly stating, the marriage between the No.1 was solemnized on No.2) was born on account of recovery of arrears of maintenance to be preferred at the instance of responden seeking transfer TA No.144 of 2026 TA No.144 of 2026 TA No.144 of 2026 TA No.144 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 Transfer Application No. ransfer Application No. ransfer Application No. ransfer Application No. Date of Decision: Date of Decision: Date of Decision: Date of Decision: GURNOORINDER SINGH GURNOORINDER SINGH GURNOORINDER SINGH GURNOORINDER SINGH ...... ...... ...... ...... NAVDEEP KAUR AND ANR. NAVDEEP KAUR AND ANR. NAVDEEP KAUR AND ANR. NAVDEEP KAUR AND ANR. …..Respondent(s) …..Respondent(s) …..Respondent(s) …..Respondent(s) HON'BLE MR. HON'BLE MR. HON'BLE MR. HON'BLE MR. JUSTICE HARKESH MANUJA JUSTICE HARKESH MANUJA JUSTICE HARKESH MANUJA JUSTICE HARKESH MANUJA Mr. Naveen Sharma, Advocate for the applicant. Mr. Navkiran Singh, Advocate and Mr. Harmeet Singh, Advocate for the respondents. **** HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) The applicant by way of present application No.5 of 2023 5 of 2023 5 of 2023 5 of 2023 dated 19.07.2023, titled Gurnoorinder Singh” Gurnoorinder Singh” Gurnoorinder Singh” Gurnoorinder Singh” filed at the instance of respondent arrears of maintenance, from the Court of learned Principal Judge, Sri Muktsar Sahib to the learned Court of competent jurisdiction at Briefly stating, the marriage between the was solemnized on 17.02.2014; out of their wedlock, a was born on 02.09.2015 (though mentioned as “male child” recovery of arrears of maintenance, the above mentioned preferred at the instance of respondents. thereof came to be filed by the applicant 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.144 144 144 144 of 2026 of 2026 of 2026 of 2026 (O&M) (O&M) (O&M) (O&M) Date of Decision: Date of Decision: Date of Decision: Date of Decision: 20 20 20 20.07.2026 .07.2026 .07.2026 .07.2026 ...... ...... ...... ......Applicant Applicant Applicant Applicant …..Respondent(s) …..Respondent(s) …..Respondent(s) …..Respondent(s) JUSTICE HARKESH MANUJA JUSTICE HARKESH MANUJA JUSTICE HARKESH MANUJA JUSTICE HARKESH MANUJA application, seeks transfer of Civil titled “Navdeep Kaur and another vs. “Navdeep Kaur and another vs. “Navdeep Kaur and another vs. “Navdeep Kaur and another vs. instance of respondents against the applicant for from the Court of learned Principal Judge, learned Court of competent jurisdiction at Briefly stating, the marriage between the applicant and respondent ; out of their wedlock, a girl child (respondent (though mentioned as “male child” in pleading). , the above mentioned civil suit came Thereupon, the present application applicant. 1 Civil “Navdeep Kaur and another vs. “Navdeep Kaur and another vs. “Navdeep Kaur and another vs. “Navdeep Kaur and another vs. against the applicant for from the Court of learned Principal Judge, learned Court of competent jurisdiction at respondent (respondent On came application MOHMED ATIK 2026.07.22 09:23 I attest to the accuracy and authenticity of this order/judgment TA No.144 of 2026 TA No.144 of 2026 TA No.144 of 2026 TA No.144 of 2026 3. In the present case, a civil suit for relief of recovery towards arrears of maintenance under Hindu Adoption and Maintenance Act, 1956 instance of the respondents Sahib. The same is pending for adjudication before the learned Principal Judge, Family Court, Sri Muktsar Sahib. 4. Learned counsel for the applicant submits that at present is working as a Teacher in Vivek High School at Chandigarh and thus, residing with her brother in District S.A.S. Nagar (Mohali), therefore, it would be convenient for her to contest the civil suit at Chandigarh, rather than Sahib. 5. On the other hand, learned counsel for the respondents raises no serious objection, however submits that permanent abode in S.A.S Nagar (Mohali). The parents of respondent No.1 are residing at Sri Muktsar Sahib, therefore, she has to frequently travel to that place. 6.... I have heard learned counsel for the parties and gone through the paper-book. 7. In the present case, respondent No.1 on the application moved by the applicant respondent No.1 appropriate and competent Court having affidavit of Assets and Liabilities disclosed her place of residence for the respondents contends that respondent No.1 TA No.144 of 2026 TA No.144 of 2026 TA No.144 of 2026 TA No.144 of 2026 In the present case, a civil suit for relief of recovery towards arrears of under Hindu Adoption and Maintenance Act, 1956 instance of the respondents against the applicant, The same is pending for adjudication before the learned Principal Judge, Family Court, Sri Muktsar Sahib. Learned counsel for the applicant submits that at present is working as a Teacher in Vivek High School at Chandigarh and thus, residing with her brother in District S.A.S. Nagar (Mohali), therefore, it would be convenient for her to contest the civil suit at Chandigarh, rather than On the other hand, learned counsel for the respondents raises no serious objection, however submits that respondent No.1 permanent abode in S.A.S Nagar (Mohali). The parents of respondent No.1 are at Sri Muktsar Sahib, therefore, she has to frequently travel to that place. I have heard learned counsel for the parties and gone through the In the present case, it is not in dispute that the application filed by respondent No.1-wife under Section 125 Cr.P.C., on the application moved by the applicant-husband, while granting respondent No.1-wife to file the application under Section 125 Cr.P.C. before the appropriate and competent Court having jurisdiction. affidavit of Assets and Liabilities furnished by place of residence as S.A.S. Nagar (Mohali). for the respondents contends that respondent No.1 In the present case, a civil suit for relief of recovery towards arrears of under Hindu Adoption and Maintenance Act, 1956 preferred at the against the applicant, came to be filed at Sri Muktsar The same is pending for adjudication before the learned Principal Judge, Learned counsel for the applicant submits that respondent No.1-wife at present is working as a Teacher in Vivek High School at Chandigarh and thus, residing with her brother in District S.A.S. Nagar (Mohali), therefore, it would be convenient for her to contest the civil suit at Chandigarh, rather than at Sri Muktsar On the other hand, learned counsel for the respondents raises no respondent No.1-wife is not having any permanent abode in S.A.S Nagar (Mohali). The parents of respondent No.1 are at Sri Muktsar Sahib, therefore, she has to frequently travel to that place. I have heard learned counsel for the parties and gone through the it is not in dispute that the application filed by Section 125 Cr.P.C., was earlier summarily dismissed husband, while granting liberty to wife to file the application under Section 125 Cr.P.C. before the jurisdiction. It is further evident from the furnished by respondent No.1, that she has S.A.S. Nagar (Mohali). Though learned counsel for the respondents contends that respondent No.1-wife has no permanent abode at 2 In the present case, a civil suit for relief of recovery towards arrears of at the came to be filed at Sri Muktsar The same is pending for adjudication before the learned Principal Judge, wife at present is working as a Teacher in Vivek High School at Chandigarh and thus, residing with her brother in District S.A.S. Nagar (Mohali), therefore, it would be at Sri Muktsar On the other hand, learned counsel for the respondents raises no wife is not having any permanent abode in S.A.S Nagar (Mohali). The parents of respondent No.1 are at Sri Muktsar Sahib, therefore, she has to frequently travel to that place. I have heard learned counsel for the parties and gone through the it is not in dispute that the application filed by was earlier summarily dismissed liberty to wife to file the application under Section 125 Cr.P.C. before the It is further evident from the that she has Though learned counsel wife has no permanent abode at MOHMED ATIK 2026.07.22 09:23 I attest to the accuracy and authenticity of this order/judgment TA No.144 of 2026 TA No.144 of 2026 TA No.144 of 2026 TA No.144 of 2026 S.A.S. Nagar (Mohali) and that her parents reside at Sri Muktsar Sahib, necessitating her frequent visits thereto, the fact remains that she is present employed as a Teacher in Vivek High School at Chandigarh, and is residing in the vicinity of S.A.S. Nagar (Mohali) with her brother. Consequently, her present place of residence and employment cannot be ignored while considering the question of transfer 8. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, High School at Chandigarh and proceedings in relation to interim mainten pending adjudication Chandigarh, therefore, cases be heard together 9. Consequently the transfer application is bearing No.5 of 2023 5 of 2023 5 of 2023 5 of 2023 Gurnoorinder Singh” Gurnoorinder Singh” Gurnoorinder Singh” Gurnoorinder Singh” Court of learned Principal Court of competent jurisdiction at Chandigarh. aforesaid case be sent by the concerned. 10. Pending miscellaneous of. July July July July 20 20 20 20, , , , 20 20 20 2026 26 26 26 Atik Whether speaking/reasoned Whether reportable TA No.144 of 2026 TA No.144 of 2026 TA No.144 of 2026 TA No.144 of 2026 S.A.S. Nagar (Mohali) and that her parents reside at Sri Muktsar Sahib, necessitating her frequent visits thereto, the fact remains that she is present employed as a Teacher in Vivek High School at Chandigarh, and is residing in the vicinity of S.A.S. Nagar (Mohali) with her brother. Consequently, her present place of residence and employment cannot be ignored while considering the question of transfer and the convenience of the parties. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, since respondent No.1 is working as a Teacher in Vivek High School at Chandigarh and proceedings in relation to interim mainten adjudication before the learned Judicial Magistrate Ist Class, UT, , therefore, it would be in the interest of both the parties that all their cases be heard together at the same place. Consequently the transfer application is 5 of 2023 5 of 2023 5 of 2023 5 of 2023 dated 19.07.2023, titled Gurnoorinder Singh” Gurnoorinder Singh” Gurnoorinder Singh” Gurnoorinder Singh” filed by respondent No.1 Court of learned Principal Judge, Family Court, Sri Muktsar Sahib to the learned Court of competent jurisdiction at Chandigarh. aforesaid case be sent by the learned Family Court, 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 S.A.S. Nagar (Mohali) and that her parents reside at Sri Muktsar Sahib, necessitating her frequent visits thereto, the fact remains that she is present employed as a Teacher in Vivek High School at Chandigarh, and is residing in the vicinity of S.A.S. Nagar (Mohali) with her brother. Consequently, her present place of residence and employment cannot be ignored while considering the and the convenience of the parties. Considering the aforesaid facts and circumstances, in the humble respondent No.1 is working as a Teacher in Vivek High School at Chandigarh and proceedings in relation to interim maintenance are before the learned Judicial Magistrate Ist Class, UT, it would be in the interest of both the parties that all their Consequently the transfer application is allowed allowed allowed allowed and the Civil Suit titled “Navdeep Kaur and another vs. “Navdeep Kaur and another vs. “Navdeep Kaur and another vs. “Navdeep Kaur and another vs. No.1-wife, stands transferred from the Judge, Family Court, Sri Muktsar Sahib to the learned Court of competent jurisdiction at Chandigarh. The requisite record of the Family Court, Sri Muktsar Sahib to the Court 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 S.A.S. Nagar (Mohali) and that her parents reside at Sri Muktsar Sahib, necessitating her frequent visits thereto, the fact remains that she is presently employed as a Teacher in Vivek High School at Chandigarh, and is residing in the vicinity of S.A.S. Nagar (Mohali) with her brother. Consequently, her present place of residence and employment cannot be ignored while considering the Considering the aforesaid facts and circumstances, in the humble respondent No.1 is working as a Teacher in Vivek ance are before the learned Judicial Magistrate Ist Class, UT, it would be in the interest of both the parties that all their Civil Suit “Navdeep Kaur and another vs. “Navdeep Kaur and another vs. “Navdeep Kaur and another vs. “Navdeep Kaur and another vs. from the Judge, Family Court, Sri Muktsar Sahib to the learned The requisite record of the to the Court application(s), if any, shall also stand disposed MOHMED ATIK 2026.07.22 09:23 I attest to the accuracy and authenticity of this order/judgment