TA-451-2026 (O&M) --1-- 213 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-451-2026 (O&M) Decided on:-23.07.2026 Baby @ Komalpreet Kaur ….Applicant. vs. Preet @ Taranpreet Singh ….Respondent. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Vakeel Singh, Advocate, for the applicant. Mr. Tapish Kumar Gupta, for the respondent. ***** HARKESH MANUJA J. (Oral) 1. The applicant-wife, by way of present application, seeks transfer of petition bearing HMA-79-2025, titled as “Preet @ Taranpreet Singh vs. Baby @ Komalpreet Kaur” filed under Section 9 of the Hindu Marriage Act, 1955 (hereinafter to be referred as “1955 Act”) for restitution of conjugal rights at the instance of respondent-husband; from the Court of learned Principal Judge, Family Court, Fatehgarh Sahib to the competent Court of jurisdiction at Malerkotla. 2. Briefly stating, the marriage between the applicant and respondent was solemnized on 10.05.2024; out of the wedlock, one boy child, namely, Gurshan Singh was born; on account of matrimonial discord between the parties, the above mentioned petition under Section 9 of the 1955 Act, came to be preferred at the instance of respondent-husband. Thereupon, the SONIKA 2026.07.24 16:05 I attest to the accuracy and authenticity of this document TA-451-2026 (O&M) --2-- present application seeking transfer thereof came to be filed by the applicant-wife. 3. Learned counsel for the applicant, inter alia, contends that the applicant-wife is residing with her old aged parents at Malerkotla. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of respondent-husband from Family Court, Fatehgarh Sahib to Family Court, Malerkotla. 4. On the other hand, learned counsel appearing on behalf of the respondent vehemently opposes the prayer made in the present application and prays for dismissal of the same. 5. I have heard learned counsel for the parties and gone through the paper-book. 6. In the present case, admittedly, the applicant-wife has filed petition application under Section 144 of BNSS for grant of maintenance, which is pending adjudication before the competent Court of jurisdiction at Malerkotla. 7. As per the averments made in the present transfer application, the applicant-wife has no independent source of income and is solely dependent upon the mercy of her old aged parents, who are residing at Malerkotla. Besides it, the applicant is also taking care of her son, while staying at Malerkotla. 8. Furthermore, the Hon’ble Supreme Court in its decision rendered in “Manjula Singh Chouhan Versus Vishal Singh Chouhan”, reported as 2019 (13) SCC 660 held that, in the interest of both the parties, all connected matrimonial proceedings should ordinarily be heard by the same Court and, accordingly, allowed the transfer application therein. Relevant paragraphs SONIKA 2026.07.24 16:05 I attest to the accuracy and authenticity of this document TA-451-2026 (O&M) --3-- No. 3 to 5 thereof are reproduced 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 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. 4. 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. 5. Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal.” 9. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, since an application under Section 144 BNSS is pending before the ld. Family Court, Malerkotla, 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 allowed and the petition bearing HMA-79/2025 under Section 9 of the 1955 Act, titled “Preet @ Taranpreet Singh vs. Baby @ Komalpreet Kaur”, filed by the respondent- husband, stands transferred from the Family Court, Fatehgarh Sahib, to the Family Court of competent jurisdiction at Malerkotla. The requisite record of the aforesaid case be sent by the Family Court, Fatehgarh Sahib to the Court concerned. 10. Pending miscellaneous application(s), if any, shall also stand disposed off. 23.07.2026 (HARKESH MANUJA) sonika JUDGE (i) Whether speaking/reasoned: Yes/No (ii) Whether reportable: Yes/ No SONIKA 2026.07.24 16:05 I attest to the accuracy and authenticity of this document