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2026 DAILYLAW 34103 (PNJ)

LOVEPREET KAUR ALIAS LOVEPREET KAUR KALSI v. JAGJIT SINGH KALSI

TA/559/2026 · 2026-07-27

Harkesh Manuja

body2026

Judgment text

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207 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Transfer Application No. 559 of 2026 (O&M) Date of Decision: 27.07.2026 Lovepreet Kaur @ Lovepreet Kaur Kalsi .......... Petitioner Versus Jagjit Singh Kalsi .......... Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Harshit Pahwa, Advocate for Mr. Amit Sharma, Advocate for the petitioner. Mr. Lovish Arora, Advocate for the respondent. **** HARKESH MANUJA, J. (ORAL) The petitioner-wife, by way of present application/petition, seeks transfer of petition bearing HMA/15/2026, titled “Jagjit Singh Versus Lovepreet Kaur” filed under Section 9 of the Hindu Marriage Act, 1955 at the instance of respondent-husband; from the learned Family Court, Moga to the Court of competent jurisdiction at Faridkot. [2] Learned counsel for the petitioner prays for transfer of the above said petition on the following grounds:- (i) that the applicant-wife alongwith minor son is residing at her parental home at Kotkapura, District Faridkot; (ii) that she has no source of income; (iii) that there is a distance of about 100 kms. (both sides) between Moga and Faridkot; (iv) that there is threat to the petitioner from the side of respondent and his family members; (v) that one more case, i.e. complaint under Protection of Women and Domestic Violence Act, 2005, filed by the petitioner is pending in the Court at Faridkot. DINESH KUMAR 2026.07.28 16:22 I attest to the accuracy and integrity of this document T.A. No. 559 of 2026 (O&M) [2] [3] Learned counsel for the respondent vehemently opposes the prayer made on behalf of the petitioner. [4] Having heard learned counsel for the parties besides going through the paper-book, I find substance in the submission(s) made on behalf of the petitioner. [5] Besides the facts/submission(s) noticed on behalf of the petitioner, the legal position in such like cases as the present one is also very clear. Reference in this regard may made to a decision rendered by the Hon’ble Supreme Court in its decision rendered in Manjula Singh Chouhan Versus Vishal Singh Chouhan, reported as 2019 (13) SCC 660, wherein it has been 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 paras-3 to 5 of the aforesaid decision 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 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.” [6] Considering the aforesaid facts and circumstances, in the humble opinion of this Court, since a complaint under Protection of Women from Domestic Violence is pending adjudication at Faridkot, therefore, it would be in the interest of both the parties that all their cases be heard DINESH KUMAR 2026.07.28 16:22 I attest to the accuracy and integrity of this document T.A. No. 559 of 2026 (O&M) [3] together at the same place. Consequently, the transfer application is allowed and the petition bearing HMA/15/2026 (supra) filed at the instance of respondent-husband, stands transferred from the Family Court, Moga to the Court of competent jurisdiction at Family Court, Faridkot. The requisite record of the aforesaid case be sent by the Family Court, Jalandhar to the Court concerned at the earliest where the parties would appear within a period of one month from today. [7] As prayed for, the parties shall be at liberty to seek assistance of the Mediator before the concerned Court at Faridkot so as to explore the possibility of some amicable settlement between the parties. [8] Pending miscellaneous application(s), if any, shall also stand disposed off. July 27, 2026 ( HARKESH MANUJA ) 'dk kamra' JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2026.07.28 16:22 I attest to the accuracy and integrity of this document