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2026 DAILYLAW 38491 (PNJ)

GAGANPREET KAUR v. RAVINDER SINGH

TA/605/2026 · 2026-09-02

Harkesh Manuja

body2026

Judgment text

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TA-605-2026 (O&M) --1-- 210 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-605-2026 (O&M) Decided on:-02.09.2026 Gaganpreet Kaur ….Applicant. vs. Ravinder Singh ….Respondent. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Ms. Nandini Gupta, Advocate, for the applicant. Mr. Davinder Singh Saini, Advocate, for the respondent. ***** HARKESH MANUJA J. (Oral) 1. The applicant-wife, by way of present application, seeks transfer of petition bearing HMA/17/2025, titled as “Ravinder Singh vs. Gaganpreet Kaur” filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as “1955 Act”) at the instance of respondent-husband; from the Court of learned Principal Judge, Family Court, Balachaur, District SBS Nagar to the competent Court of jurisdiction at Phagwara, District Kapurthala. 2. Briefly stating, the marriage between the applicant and respondent was solemnized on 11.02.2018; out of the wedlock one male child, namely, Rupinder Singh was born on 13.01.2020; on account of matrimonial discord between the parties, the above mentioned petition under Section 13 of the 1955 Act, came to be preferred at the instance of SONIKA 2026.09.07 13:01 I attest to the accuracy and authenticity of this document TA-605-2026 (O&M) --2-- respondent-husband. Thereupon, the 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 along with her minor son is residing with her parents, who are residing at Phagwara. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of respondent-husband from Family Court, Balachaur, District SBS Nagar to Family Court, Phagwara, District Kapurthala. 4. On the other hand, learned counsel appearing on behalf of the respondent vehemently opposes the prayer made in the transfer application. 5. I have heard learned counsel for the parties and gone through the paper-book. 6. In the present case, admittedly, the applicant-wife filed a petition bearing No.MNT/125/2/2025 under Section 144 of BNSS before the competent Court of jurisdiction at Phagwara, District Kapurthala. 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 parents. Besides it, the applicant is taking care of her minor son, while residing at Phagwara. 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 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 SONIKA 2026.09.07 13:01 I attest to the accuracy and authenticity of this document TA-605-2026 (O&M) --3-- 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 a petition bearing No.MNT/125/2/2025 under Section 144 of BNSS is pending adjudication at Phagwara, District Kapurthala, 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-17/2025 under Section 13 of the 1955 Act, titled “Ravinder Singh vs. Gaganpreet Kaur”, filed by the respondent-husband, stands transferred from the Family Court, Balachaur, District SBS Nagar, to the concerned Family Court, at Phagwara, District Kapurthala. The requisite record of the aforesaid case be sent by the Family Court, Balachaur, District SBS Nagar to the Court concerned. 10. The parties are directed to appear before the ld. Court of Phagwara, District Kapurthala on 21.09.2026. The Court concerned shall also ensure that all the cases be listed on the same date. 11. Pending miscellaneous application(s), if any, shall also stand disposed off. 02.09.2026 (HARKESH MANUJA) sonika JUDGE (i) Whether speaking/reasoned: Yes/No (ii) Whether reportable: Yes/ No SONIKA 2026.09.07 13:01 I attest to the accuracy and authenticity of this document