K. Thakur, Advocate for the Mr. Vivek K. Thak Advocate for & Ors. v. Vishal Singh Chouhan”

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Vivek K. Thakur, Advocate for the Mr. Vivek K. Thak Advocate for the petitioner. Mr. Arpan Sabharwal, Advocate for the Mr. Arpan Sabharwal, Advocate for the respondent. HARKESH MANUJA, J. (ORAL) HARKESH MANUJA **** [1] wife, by way of present application, seeks transfer of case The petitioner-wife, by way of present application, seeks transfer of case wife, by way of present application, seeks transfer of case The petitioner bearing HMA No. 60 of 2025, titled “Gurjeet Singh bearing HMA No. ”, filed Gurjeet Singh Vs. Inderjit Kaur”, filed under Section 9 - 9 of the Hindu Marriage Act, 1955 at the instance of respondent of the Hindu Marriage Act, 1955 at the instance of respondent- husband; from the Court of learned Principal Judge, Family Court, husband; from the Court of , learned Principal Judge, Family Court, Jalandhar, Camp Court at Nakodar to the Court of learned Principal Judge, Family Court, at Nakodar to the Court of learned Principal Judge, Family Court, to the Court of learned Principal Judge, Family Court, Kapurthala. Briefly stating, the marriage between the petitioner and respondent was [2] Briefly stating, the marriage between the petitioner and respondent was Briefly stating, the marriage between the petitioner and respondent was Briefly stating, the marriage between the petitioner and respondent was solemnized on 18.04.2021

18.04.2021; out of their wedlock, a male child namely, , edlock, a male child namely, Aman, was born on 16.04.2022 ; on account of matrimonial discord between the 16.04.2022; on account of matrimonial discord between the ; on account of matrimonial discord between the parties, the above mentioned petition came to be preferred at the instance of parties, the above mentioned petition came to be preferred at the instance of parties, the above mentioned petition came to be preferred at the instance of parties, the above mentioned petition came to be preferred at the instance of respondent-husband. , the present application seeking transfer husband. Thereupon, the present application seeking transfer , the present application seeking transfer thereof came to be filed by the petitioner came to be filed by the petitioner-wife. - [3] Learned counsel for the petitioner, inter alia, contends that the petitioner Learned counsel for the petitioner, inter alia, contends that the petitioner- Learned counsel for the petitioner, inter alia, contends that the petitioner /2025 wife has also filed maintenance application bearing MNT No. 125/16/2025 wife has also filed maintenance application bearing MNT No. 125/ wife has also filed maintenance application bearing MNT No. 125/ titled “Inderjit Kaur Vs. Gurjeet Singh” “Inderjit Kaur Vs. Gurjeet Singh” before the C ourt of learned Principal before the Court of learned Principal Kapurtahala and a petition under the provisions of Judge, Family Court, Kapurtahala and a petition under the provisions of Kapurtahala and a petition under the provisions of Judge, Family Court, Protection of Women Protection of Women Protection of Women Protection of Women from Domestic Violence Act, 2005 bearing from Domestic Violence Act, 2005 bearing from Domestic Violence Act, 2005 bearing from Domestic Violence Act, 2005 bearing 2 TA-616-2025 No.COMA/30/2025 titled “Inderjit Kaur Vs. Gurjeet Singh”. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of respondent-husband from Family Court, Jalandhar, Camp Court at Nakodar to Family Court, Kapurthala. [4] On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the petitioner. [5] I have heard learned counsel for the parties and gone through the paper-book. [6] In the present case, admittedly, the petitioner-wife has filed the following two petitions which are pending adjudication before the Court of learned Principal Judge, Family Court, Kapurthala:- (1) Maintenance application bearing No. 125/16/2025 titled “Inderjit Kaur Vs. Gurjeet Singh”; (2) petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 bearing NO. COMA/30/2025 titled “Inderjit Kaur Vs. Gurjeet Singh and Ors.” [7] As per the averments made in the present transfer application, the distance Jalandhar and Kapurthala is approximately 50 kilometres and petitioner-wife having no independent source of income would suffer immense inconvenience to travel to Kapurthala along with her minor son. [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 as follows: “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. 3 TA-616-2025 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, it would be in the interest of both the parties that all their cases be heard together by the same Court. Consequently the transfer application is allowed and the divorce petition under Section 9 of the Hindu Marriage Act i.e. HMA/60/2025, titled “Gurjeet Singh Vs. Inderjit Kaur”, filed by the respondent-husband, stands transferred from the Family Court, Jalandhar, Camp Court at Nakodar to the Court of competent jurisdiction at Family Court, Kapurthala. The requisite record of the aforesaid case be sent by the Family Court, Jalandhar, Camp Court at Nakodar to the Court concerned. At this stage, it may be noticed here that in case the respondent wishes to appear through his parents, he can apply for their presence before the learned trial Court through video conferencing. [10] Pending miscellaneous application(s), if any, shall also stand disposed of.

08.07.2026 Tejwinder (HARKESH MANUJA) JUDGE Whether speaking/reasoned Whether reportable Yes/No Yes/No