IN TH v. Lovepreet

Judgment

1. Prayer in this petition filed by led by petitioner is for transfer of the petition etition bearing No.GW/134/2025 date 5 dated 05.8.2025 (Annexure P- 1) as well a well as petition filed under Section 9 tion 9 of the Hindu Marriage Act, 1955 filed filed by the respondent titled a itled as “Lovepreet Singh vs. Harmanpre anpreet Kaur” bearing case N se No.HMA/1679/2025 dated

09.7.2025 ( .2025 (Annexure P-2) pending before before the Court of learned Addl. Principal J ipal Judge, Family Court, Ludhiana hiana to the Court of competent jurisdiction diction at Moga. Though notice has been served served upon the respondent but as no one one appeared on his behalf despite despite service, the co-ordinate Bench of h of this Court, vide order dated 2 ated 29.4.2026 proceeded him VIJAY ASIJA 2026.05.15 17.10 I attest to the accuracy and integrity of this document Transfer Application No.230 of 2026 2026 (O & M) 2 against ex st ex-parte Accordingly, this petition etition is being decided in his absence.

2. Respondent has the above petition bearing GW/134/20 134/2025 dated 05.8.2025 (Annexure exure P-1) under Sections 7 and 8 of the Gu e Guardian and Wards Act, titled titled as “Lovepreet Singh vs. Harmanpre anpreet Kaur and another” seeking eking custody of the minor son, namely, Sa ly, Sarbaz Singh, who is currently res tly residing with the petitioner at Moga.

Learned counsel for the petitione titioner, inter alia, submits that: i) that the parties solemni lemnized marriage on 24.5.2020 as per sikh Rites. ii) that out of the said w aid wedlock, two sons, namely, Gurbaz Singh and Sar nd Sarbaz Singh were born on

28.2.2021 d

17.7.2023 respectively. Since11.3.2025 the pa he parties are living separately and the elder son, nam n, namely, Gurbaz Singh, whose date of birth is 28.2.

28.2.2021, is in the care and custody of respondent ndent-husband and the younger son, namely, Sarbaz Sin baz Singh, whose date of birth is

17.7.2023, is in the the care and custody of the petitioner-wife, since since then. The petitioner-wife alongwith younger son r son is living with her parents at Moga. iii) That the petitioner is ner is unemployed, having no source of income and t and totally dependent upon her parents and the respond espondent-husband is not paying anything r to her towards maintenance, and therefore, she cannot cannot bear the expenses of travelling from Moga oga to Ludhiana and that too leaving behind the youn e younger son. VIJAY ASIJA 2026.05.15 17.10 I attest to the accuracy and integrity of this document Transfer Application No.230 of 2026 2026 (O & M) 3 iv) that the distance betwe between the place of residence and place of proceeding eedings is approximately 70 kms. (one side). v) that as per Section 9 o n 9 of the Guardian and Wards Act, 1890, respondent ndent has to file the petition for custody of the minor minor son where he ordinarily resides i.e. Moga. vi) That there is no profic proficient male member in the family of petitioner-wif wife who can accompany her to the Court of proceedi oceedings at Ludhiana. vii) Moreover, a petition fi tion filed by the applicant under Section 13 of the Hind e Hindu Marriage Act is already pending at Family Cour Court, Moga. I have heard learned counsel fo nsel for the petitioner. The legal position in such like ch like cases as the present one, is

5. well establ established. As per Section 9 of the of the Guardian and Wards Act, 1890, petiti , petition for custody is required to be to be filed where the minor child ordinarily arily resides. In the present case, case, minor son is admittedly residing wi ing with petitioner-wife at Moga.

6. Besides the facts as notice noticed hereinabove, the legal position in in such like cases as the present o esent one, is well established. In this regard regard, judgment of the Hon’ble Su ble Supreme Court rendered in N.C.V. Ais V. Aishwarya vs A.S. Saravana Kar a Karthik Sha,” 2022 Live Law (SC) 627, w , wherein the Hon’ble Supreme Co eme Court has held as under:- “9. The cardinal principle for ex section 24 of the Code of Civil Pro justice should demand the transfe other proceeding. In matrimonial m are called upon to consider the ple have to take into consideration the both the parties, the social strata behavioural pattern, their standa marriage and subsequent thereto a for exercise of power under il Procedure is that the ends of transfer of the suit, appeal or onial matters, wherever Courts plea of transfer, the Courts on the economic soundness of strata of the spouses and their standard of life prior to the ereto and the circumstances of VIJAY ASIJA 2026.05.15 17.10 I attest to the accuracy and integrity of this document Transfer Application No.230 of 2026 2026 (O & M) 4 ut their livelihood and under both the parties in eking out the they are seeking whose protective umbrella the prevailing socioeconomic sustenance to life. Given the pr iety, generally, it is the wife's paradigm in the Indian society, g oked at while considering convenience which must be look transfer.

10. Further, when two or more pro different Courts between the sam common question of fact and law, in the cases are interdependent, should be tried together by the sam multiplicity in trial of the same decisions.” ore proceedings are pending in he same parties which raise d law, and when the decisions dent, it is desirable that they the same Judge so as to avoid same issues and conflict of

7. Further reliance can be place e placed upon the judgments in “Sumita S ita Singh vs Kumar Sanjay”, 20 ”, 2002 SC 396 and “Rajani Kishor Pa or Pardeshivs Kishor Babulal Pard Pardeshi”, 2005(12) SCC 237, wherein th ein the Hon’ble Supreme Court h ourt has observed that “while deciding th ing the transfer application, the Court Courts are required to give more weightage htage and consideration to the co he convenience of the female litigants an nts and transfer of legal proceedings dings from one Court to another should ord ld ordinarily be allowed, taking into consideration convenienc enience and the Courts should de ld desist from putting female litigants un nts under undue hardships.”

8. Even this Court in number o mber of cases has followed the aforesaid p said principle of law. Accordingly, i gly, it is well settled that while considering idering the transfer of a matrimonial d onial dispute/case, at the instance of the wife e wife, the Court is to consider the fam the family condition of the wife, the custody tody of the minor child, economic nomic condition of the wife, her physical h ical health and earning capacity o city of the husband and most important t rtant the convenience of the wife i.e ife i.e. she cannot travel alone without ass out assistance of a male member of h er of her family, connectivity of VIJAY ASIJA 2026.05.15 17.10 I attest to the accuracy and integrity of this document Transfer Application No.230 of 2026 2026 (O & M) 5 the place to lace to and fro from her place of resid f residence as well as bearing of the litigatio itigation charges and travelling expens xpenses.

9. In view of the judgments i ents i.e. Sumita Singh’s case (supra), ra), Rajani Kishor Pardeshi’s case (supra) and N.C.V. Aishwarya warya’s case (supra) passed by the Ho the Hon’ble Supreme Court, this Court deem t deems it appropriate to allow the pre he present petition, subject to the following c wing conditions:- a) The petition filed by r d by respondent husband under Section 9 of the Hindu indu Marriage Act, bearing No. HMA/1679/2025 dated dated 09.7.2025 (Annexure P-2) titled as “Lovepreet Sin et Singh vs. Harmanpreet Kaur”, pending in the Court ourt of Addl. Principal Judge, Family Court, Ludhian dhiana is transferred to a Court of competent jurisdictio sdiction at Moga. AND The petition bearin bearing GW/134/2025 dated

05.8.2025 (Annexure P ure P-1) under Sections 7 and 8 the Guardian and n and Wards Act, titled as “Lovepreet Singh vs. h vs. Harmanpreet Kaur and another” pending in th g in the Court of learned Addl. Principal Judge, Fam , Family Court, Ludhiana transferred to a Court o ourt of competent jurisdiction at Moga. b) The ld. District Judge Judge, Ludhiana is directed to transfer complete record pertaining aforesaid cases to Distri District Judge, Moga. c) The parties are direct directed to appear before the District & Sessions Judg Judge, Moga on 15.6.2026. d) The District Judge, M Moga will assign the said petitions to the Court of ourt of competent jurisdiction.

10. The concerned Court at Mog Moga will make all endeavour to refer the fer the cases before the Mediation an tion and Conciliation Centre for VIJAY ASIJA 2026.05.15 17.10 I attest to the accuracy and integrity of this document Transfer Application No.230 of 2026 2026 (O & M) 6 exploring t ring the possibility of some amicab micable settlement between the parties.

11. The Court concerned, where here the litigations are pending between th een the parties, will accommodate th date them with one date in one calendar m dar month.

12. I am supported by the deci e decisions rendered by a Co- ordinate Be ate Bench of this Court in TA No. 13 No. 1315/2022, Rohini Arora v Nitin Tal Talwar; TA No. 1322 of 20 f 2022, Jaswinder Kaur v Gurvinder vinderjeet Singh; and TA No. 132 . 1323 of 2022, Usha Rani v Karmajit S ajit Singh.

15. Disposed of. Pending application(s), if any, if any, stands disposed of. , 2026 May 12, 20 Vijay Asija Whether spea Whether Repo r speaking/reasoned Yes / No r Reportable Yes / No ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.05.15 17.10 I attest to the accuracy and integrity of this document