CHANDIGARH AT CHANDIGARH KIRAN BALA KIRAN BALA KIRAN BALA KIRAN BALA v. Vs Vs MANPREET SINGH MANPREET SINGH MANPREET SINGH MANPREET SINGH MANPREET SINGH

HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: CORAM: Present: Mr. Mr. Rajveer Singh Brar, Advocate for the applicant. for the applicant. , Advocate Mr. Chander Shekhar Sharma, Advocate Mr. for the respondent. for the respondent. **** 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-wife, by way of present The transfer of wife, by way of present application, seeks transfer of petition bearing “ bearing “HMAHMAHMAHMA----23232323----2026202620262026”””” dated 16.03.2026 Manpreet Singh vs. dated 16.03.2026 titled ‘Manpreet Singh vs. Manpreet Singh vs. Manpreet Singh vs. Manpreet Singh vs. Manpreet Singh vs. Manpreet Singh vs. Manpreet Singh vs. Kiran Bala’ filed under Section 13 of the Hindu Kiran Bala hereinafter to filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to hereinafter to hereinafter to filed under Section 13 of the Hindu Kiran Bala Kiran Bala hereinafter to hereinafter to hereinafter to hereinafter to petition”) at the instance of respondent be referred as “divorce petition” be referred as “divorce be referred as “divorce be referred as “divorce petition” petition” be referred as “divorce be referred as “divorce be referred as “divorce be referred as “divorce husband; from the instance of respondent-husband; from the Court of learned Principal Judge, Family Court, Court of learned Principal Judge, , District Family Court, Sultanpur Lodhi, District Kapurthala to the to the learned Court of competent jurisdiction at competent jurisdiction at Faridkot. [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 was solemnized on 11.02.2024 as per Sikh rites and ceremonies. O was solemnized on n account of 11.02.2024 as per Sikh rites and ceremonies. On account of between the parties, the above mentioned divorce petition matrimonial discord between the parties, the above mentioned divorce petition between the parties, the above mentioned divorce petition matrimonial discord present preferred at the instance of respondent-husband. Thereupon, the present preferred at the instance of respondent came to be preferred at the instance of respondent application seeking transfer thereof came to be filed by the application seeking transfer came to be filed by the applicant-wife. [3]. Learned counsel for the applicant Learned counsel for the applicant, inter alia, contends that the , contends that the applicant-wife is is living in her parental home at District Faridkot working as an living in her parental home at District Faridkot working as an 2 of 2026666 TA No.632632632632 of 202 of 202 of 202 TA No. of 202 of 202 of 202 of 202 TA No. TA No. English Teacher in GSSS Sur Singh Wala, District Ferozepur English Teacher in , whereas the divorce GSSS Sur Singh Wala, District Ferozepur, whereas the divorce Sultanpur Lodhi, petition filed at the instance of the respondent is pending at Sultanpur Lodhi, petition filed at the instance of the respondent is pending at petition filed at the instance of the respondent is pending at District Kapurthala which is at distance of almost District Kapurthala kilometers. Moreover the which is at distance of almost 90 kilometers. Moreover the father, who is old man and suffering from old age petitioner is taking care of her father, who is old man and suffering from old age father, who is old man and suffering from old age petitioner is taking care of her Accordingly, a prayer is made for diseases. Accordingly, a prayer is made for transfer of the above mentioned transfer of the above mentioned divorce petition filed at the instance of respondent divorce petition filed at the instance of from the Court of respondent-husband from the Court of learned Principal Judge, Family Court, Sultanpur Lo learned Principal Judge, to the anpur Lodhi, District Kapurthala to the learned Court of Court of competent jurisdiction at Faridkot competent jurisdiction at Faridkot. [4]. [4]. [4]. [4]. On the other hand, learned counsel for the respondent vehemently On the other hand, learned counsel for the respondent vehemently On the other hand, learned counsel for the respondent vehemently On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant opposes the prayer made on behalf of the applicant. [[[[5555].].].]. parties and gone through the I have heard learned counsel for the parties and gone through the I have heard learned counsel for the I have heard learned counsel for the paper-book. [[[[6666].].].]. As per the averments made in the present transfer application, the As per the averments made in the present transfer application, the As per the averments made in the present transfer application, the As per the averments made in the present transfer application, the applicant-wife is English Teacher in GSSS Sur Singh Wala, is presently working as English Teacher in GSSS Sur Singh Wala, English Teacher in GSSS Sur Singh Wala, District Ferozepur. The applicant is residing in her parental home at Faridkot District Ferozepur is residing in her parental home at Faridkot and after her old father, who is stated to be suffering from old age diseases. looking after her old father, who is stated to be suffering from old age diseases. after her old father, who is stated to be suffering from old age diseases. after her old father, who is stated to be suffering from old age diseases. The applicant is facing is facing great difficulty in pursuing at Sultanpur pursuing the said case at Sultanpur Lodhi, District Kapurthala. Lodhi, District Kapurthala. [[[[7777].].].]. Further, reliance can be placed upon the judgments passed in the Further, reliance can be placed upon the judgments passed in the Further, reliance can be placed upon the judgments passed in the Further, reliance can be placed upon the judgments passed in the Sumita Singh vs. Kumar Sanjay reported as case(s) of Sumita Singh vs. Kumar Sanjay Sumita Singh vs. Kumar Sanjay Sumita Singh vs. Kumar Sanjay Sumita Singh vs. Kumar Sanjay Sumita Singh vs. Kumar Sanjay Sumita Singh vs. Kumar Sanjay Sumita Singh vs. Kumar Sanjay Rajani Rajani Rajani Rajani “2002 SC 396” and Rajani Rajani Rajani Rajani reported as “2002 SC 396 “2002 SC 396 “2002 SC 396 Kishor Pardeshivs Kishor Babulal Pardeshiiii reported as Kishor Pardeshivs Kishor Babulal Pardesh Kishor Pardeshivs Kishor Babulal Pardesh Kishor Pardeshivs Kishor Babulal Pardesh Kishor Pardeshivs Kishor Babulal Pardesh Kishor Pardeshivs Kishor Babulal Pardesh Kishor Pardeshivs Kishor Babulal Pardesh Kishor Pardeshivs Kishor Babulal Pardesh “2005(12) SCC 237”, reported as “2005(12) SCC 237” “2005(12) SCC 237” “2005(12) SCC 237” “2005(12) SCC 237” “2005(12) SCC 237” “2005(12) SCC 237” “2005(12) SCC 237” wherein the Hon’ble Apex Court has observed that while wherein the Hon’ble Apex Court has obse deciding the transfer rved that while deciding the transfer weightage and consideration to application, the Courts are required to give more weightage and consideration to application, the Courts are required to give more application, the Courts are required to give more litigants and transfer of legal proceedings from one the convenience of the female litigants and transfer of legal proceedings from one litigants and transfer of legal proceedings from one the convenience of the female 3 of 2026666 TA No.632632632632 of 202 of 202 of 202 TA No. of 202 of 202 of 202 of 202 TA No. TA No. Court to another should ordinarily be allowed, taking Court to another into consideration their should ordinarily be allowed, taking into consideration their tigants under convenience and the Courts should desist from putting female litigants under convenience and the Courts should desist from putting female convenience and the Courts should desist from putting female undue hardships. undue hardships. [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 opinion of this Court, it would be in the interest of both the parties that the opinion of this Court, it would be in the interest of both the parties that opinion of this Court, it would be in the interest of both the parties that opinion of this Court, it would be in the interest of both the parties that competent abovementioned divorce petition be heard by the learned Court of competent abovementioned divorce petition be heard by the abovementioned divorce petition be heard by the jurisdiction at Faridkot Faridkot. Consequently the transfer application is and the allowed and the ly the transfer application is allowed allowed allowed divorce petition bearing No.“HMAHMAHMAHMA----23232323----2026”2026”2026”2026” dated 16.03.2026 titled ‘ divorce petition Manpreet dated 16.03.2026 titled ‘Manpreet Manpreet Manpreet Manpreet Manpreet Manpreet Manpreet Singh vs. Kiran Bala’ filed under Section 13 of the Hindu Marriage Singh vs. Kiran Bala Singh vs. Kiran Bala Singh vs. Kiran Bala Singh vs. Kiran Bala Singh vs. Kiran Bala Singh vs. Kiran Bala Singh vs. Kiran Bala by the under Section 13 of the Hindu Marriage Act, by the respondent-husband, stands husband, stands from the Court of learned Family from the Court of learned Principal Judge, Family Court, Sultanpur Lodhi, District Kapurthala anpur Lodhi, District Kapurthala to the competent to the learned Court of competent The requisite record of the aforesaid case be sent by the jurisdiction at Faridkot. The requisite record of the aforesaid case be sent by the The requisite record of the aforesaid case be sent by the jurisdiction at Faridkot learned Family Court, Family Court, Sultanpur Lodhi, District Kapurthala to the Court concerned. Sultanpur Lodhi, District Kapurthala to the Court concerned. Pending miscellaneous application(s), if any, shall also stand disposed Pending miscellaneous application(s), if any, shall also stand disposed Pending miscellaneous application(s), if any, shall also stand disposed Pending miscellaneous application(s), if any, shall also stand disposed [9]. of. JulyJulyJulyJuly 21212121, , , , 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