Transfer Application No v. NAVDEEP KAUR & Anr.

JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA JUSTICE HARKESH MANUJA JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. HON'BLE MR. HON'BLE MR. CORAM: JUSTICE HARKESH MANUJA JUSTICE HARKESH MANUJA JUSTICE HARKESH MANUJA JUSTICE HARKESH MANUJA HON'BLE MR. HON'BLE MR. HON'BLE MR. HON'BLE MR. CORAM: CORAM: Present: Mr. Mr. Naveen Sharma, Advocate for the applicant. for the applicant. Mr. Navkiran Singh, Advocate and Mr. Navkiran Singh, Advocate and Mr. Harmeet Singh, Advocate Mr. for the respondents. for the respondents. **** HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral)

1.1.1.1. The applicant by way of present application The Civil application, seeks transfer of Civil Suit bearing No. 5 of 2023 dated 19.07.2023, titled No.5 of 2023 5 of 2023 5 of 2023 “Navdeep Kaur and another vs. titled “Navdeep Kaur and another vs. “Navdeep Kaur and another vs. “Navdeep Kaur and another vs. “Navdeep Kaur and another vs. “Navdeep Kaur and another vs. “Navdeep Kaur and another vs. “Navdeep Kaur and another vs. Gurnoorinder Singh” filed at the instance of respondent Gurnoorinder Singh” Gurnoorinder Singh” Gurnoorinder Singh” Gurnoorinder Singh” Gurnoorinder Singh” Gurnoorinder Singh” Gurnoorinder Singh” against the applicant for instance of respondents against the applicant for recovery of arrears of maintenance, from the Court of learned Principal Judge, arrears of maintenance, from the Court of learned Principal Judge, from the Court of learned Principal Judge, Family Court, Sri Muktsar Sahib t learned Court of competent jurisdiction at Sri Muktsar Sahib to the learned Court of competent jurisdiction at learned Court of competent jurisdiction at Chandigarh.

2.2.2.2. respondent Briefly stating, the marriage between the applicant and respondent Briefly stating, the marriage between the Briefly stating, the marriage between the No.1 was solemnized on was solemnized on 17.02.2014; out of their wedlock, a (respondent ; out of their wedlock, a girl child (respondent No.2) was born on was born on 02.09.2015 (though mentioned as “male child” (though mentioned as “male child” in pleading). On account of recovery of arrears of maintenance recovery of arrears of maintenance, the above mentioned , the above mentioned civil suit came to be preferred at the instance of responden preferred at the instance of respondents. application Thereupon, the present application seeking transfer thereof came to be filed by the applicant applicant. 2 TA No.144 of 2026 TA No.144 of 2026 TA No.144 of 2026 TA No.144 of 2026 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 In the present case, a civil suit for relief of recovery towards arrears of In the present case, a civil suit for relief of recovery towards arrears of In the present case, a civil suit for relief of recovery towards arrears of at the under Hindu Adoption and Maintenance Act, 1956 preferred at the under Hindu Adoption and Maintenance Act, 1956 maintenance under Hindu Adoption and Maintenance Act, 1956 instance of the respondents against the applicant, instance of the respondents came to be filed at Sri Muktsar against the applicant, came to be filed at Sri Muktsar The same is pending for adjudication before the learned Principal Judge, Sahib. The same is pending for adjudication before the learned Principal Judge, The same is pending for adjudication before the learned Principal Judge, The same is pending for adjudication before the learned Principal Judge, Family Court, Sri Muktsar Sahib. Family Court, Sri Muktsar Sahib.

#4. Learned counsel for the applicant submits that respondent No.1-wife Learned counsel for the applicant submits that Learned counsel for the applicant submits that at present is working as a Teacher in Vivek High School at Chandigarh and thus, at present is working as a Teacher in Vivek High School at Chandigarh and thus, at present is working as a Teacher in Vivek High School at Chandigarh and thus, 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 residing with her brother in District S.A.S. Nagar (Mohali), therefore, it would be residing with her brother in District S.A.S. Nagar (Mohali), therefore, it would be residing with her brother in District S.A.S. Nagar (Mohali), therefore, it would be at Sri Muktsar convenient for her to contest the civil suit at Chandigarh, rather than at Sri Muktsar convenient for her to contest the civil suit at Chandigarh, rather than 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 On the other hand, learned counsel for the respondents raises no On the other hand, learned counsel for the respondents raises no On the other hand, learned counsel for the respondents raises no serious objection, however submits that respondent No.1 serious objection, however submits that wife is not having any respondent No.1-wife is not having any permanent abode in S.A.S Nagar (Mohali). The parents of respondent No.1 are permanent abode in S.A.S Nagar (Mohali). The parents of respondent No.1 are permanent abode in S.A.S Nagar (Mohali). The parents of respondent No.1 are 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. residing at Sri Muktsar Sahib, therefore, she has to frequently travel to that place. at Sri Muktsar Sahib, therefore, she has to frequently travel to that place. 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 I have heard learned counsel for the parties and gone through the I have heard learned counsel for the parties and gone through the I have heard learned counsel for the parties and gone through the paper-book.

#7. it is not in dispute that the application filed by In the present case, it is not in dispute that the application filed by it is not in dispute that the application filed by In the present case, respondent No.1-wife under Section 125 Cr.P.C., respondent No.1 was earlier summarily dismissed Section 125 Cr.P.C., was earlier summarily dismissed on the application moved by the applicant-husband, while granting on the application moved by the applicant liberty to husband, while granting liberty to wife to file the application under Section 125 Cr.P.C. before the respondent No.1-wife to file the application under Section 125 Cr.P.C. before the wife to file the application under Section 125 Cr.P.C. before the respondent No.1 appropriate and competent Court having jurisdiction. appropriate and competent Court having It is further evident from the jurisdiction. It is further evident from the affidavit of Assets and Liabilities furnished by affidavit of Assets and Liabilities that she has furnished by respondent No.1, that she has disclosed her place of residence place of residence as S.A.S. Nagar (Mohali). Though learned counsel S.A.S. Nagar (Mohali). Though learned counsel wife has no permanent abode at for the respondents contends that respondent No.1-wife has no permanent abode at for the respondents contends that respondent No.1 for the respondents contends that respondent No.1 3 TA No.144 of 2026 TA No.144 of 2026 TA No.144 of 2026 TA No.144 of 2026 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, S.A.S. Nagar (Mohali) and that her parents reside at Sri Muktsar Sahib, S.A.S. Nagar (Mohali) and that her parents reside at Sri Muktsar Sahib, 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 necessitating her frequent visits thereto, the fact remains that she is present necessitating her frequent visits thereto, the fact remains that she is present 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 employed as a Teacher in Vivek High School at Chandigarh, and is residing in the employed as a Teacher in Vivek High School at Chandigarh, and is residing in the 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 vicinity of S.A.S. Nagar (Mohali) with her brother. Consequently, her present vicinity of S.A.S. Nagar (Mohali) with her brother. Consequently, her present vicinity of S.A.S. Nagar (Mohali) with her brother. Consequently, her present place of residence and employment cannot be ignored while considering the place of residence and employment cannot be ignored while considering the place of residence and employment cannot be ignored while considering the place of residence and employment cannot be ignored while considering the and the convenience of the parties. question of transfer and the convenience of the parties. question of transfer

#8. Considering the aforesaid facts and circumstances, in the humble Considering the aforesaid facts and circumstances, in the humble Considering the aforesaid facts and circumstances, in the humble Considering the aforesaid facts and circumstances, in the humble respondent No.1 is working as a Teacher in Vivek opinion of this Court, since respondent No.1 is working as a Teacher in Vivek respondent No.1 is working as a Teacher in Vivek opinion of this Court, ance are High School at Chandigarh and proceedings in relation to interim maintenance are High School at Chandigarh and proceedings in relation to interim mainten High School at Chandigarh and proceedings in relation to interim mainten pending adjudication before the learned Judicial Magistrate Ist Class, UT, adjudication before the learned Judicial Magistrate Ist Class, UT, before the learned Judicial Magistrate Ist Class, UT, Chandigarh, therefore, it would be in the interest of both the parties that all their , therefore, it would be in the interest of both the parties that all their it would be in the interest of both the parties that all their cases be heard together at the same place. cases be heard together

#9. Civil Suit allowed and the Civil Suit Consequently the transfer application is allowed Consequently the transfer application is Consequently the transfer application is allowed allowed 5 of 2023 dated 19.07.2023, titled bearing No.5 of 2023 5 of 2023 5 of 2023 5 of 2023 5 of 2023 5 of 2023 5 of 2023 “Navdeep Kaur and another vs. titled “Navdeep Kaur and another vs. “Navdeep Kaur and another vs. “Navdeep Kaur and another vs. “Navdeep Kaur and another vs. “Navdeep Kaur and another vs. “Navdeep Kaur and another vs. “Navdeep Kaur and another vs. Gurnoorinder Singh” filed by respondent No.1 Gurnoorinder Singh” Gurnoorinder Singh” Gurnoorinder Singh” Gurnoorinder Singh” Gurnoorinder Singh” Gurnoorinder Singh” Gurnoorinder Singh” from the No.1-wife, stands transferred from the Judge, Family Court, Sri Muktsar Sahib to the learned Court of learned Principal Judge, Family Court, Sri Muktsar Sahib to the learned Judge, Family Court, Sri Muktsar Sahib to the learned Court of learned Principal The requisite record of the Court of competent jurisdiction at Chandigarh. The requisite record of the Court of competent jurisdiction at Chandigarh. Court of competent jurisdiction at Chandigarh. aforesaid case be sent by the learned Family Court, aforesaid case be sent by the to the Court Family Court, Sri Muktsar Sahib to the Court concerned.

#10. of. application(s), if any, shall also stand disposed Pending miscellaneous application(s), if any, shall also stand disposed application(s), if any, shall also stand disposed Pending miscellaneous JulyJulyJulyJuly 20202020, , , , 2020202026262626 Atik (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) JUDGE JUDGE JUDGE JUDGE Whether speaking/reasoned Whether speaking/reasoned Whether reportable Whether reportable Yes/No Yes/No Yes/No Yes/No