KAWALJOT KAUR VASIR v. RANJODH SINGH VASIR

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Present: Ms. Divya Gulati, Advocate for the applicant. Ms. Divya Gulati, Advocate for the applicant. Ms. Divya Gulati, Advocate for the applicant. Mr. J.S. Bhatia, Advocate for the respondent. Mr. J.S. Bhatia, Advocate for the respondent. Mr. J.S. Bhatia, Advocate for the respondent. **** HARKESH MANUJA, J. (ORAL) HARKESH MANUJA

#1. The applicant wife, by way of present application, seeks transfer The applicant-wife, by way of present application, seeks transfer wife, by way of present application, seeks transfer of petition bearing HMA/ petition bearing HMA/624/2022, titled “Ranjot Singh Kawaljot “Ranjot Singh vs. Kawaljot Kaur”, filed under Section , filed under Section 10 of the Hindu Marriage Act, 1955 of the Hindu Marriage Act, 1955 - at the instance of respondent- (hereinafter to be referred as “the Act”) at the instance of respondent (hereinafter to be referred as “the Act”) y Court, husband; from the Court of learned Principal Judge, Family Court, husband; from the Court of learned Principal Judge, Famil husband; from the Court of learned Principal Judge, Famil learned Principal Judge, Family Court, Amritsar. Gurdaspur to learned Principal Judge, Family Court, Amritsar. learned Principal Judge, Family Court, Amritsar. Briefly stating, the marriage between the applicant and respondent 2. Briefly stating, the marriage between the applicant and respondent Briefly stating, the marriage between the applicant and respondent Briefly stating, the marriage between the applicant and respondent ; out of their wedlock, a female child was solemnized on 03.07.2016; out of their wedlock, a female child ; out of their wedlock, a female child was solemnized on namely, Jannatpreet Kaur was born; on account of matrimonial discord Jannatpreet Kaur was born; on account of matrimonial discord was born; on account of matrimonial discord between the parties, the above mentioned petition under Section 10 of between the parties, the above mentioned petition under Section between the parties, the above mentioned petition under Section husband. the Act, came to be preferred at the instance of respondent-husband. the Act, came to be preferred at the instance of respondent the Act, came to be preferred at the instance of respondent Thereupon, the present application seeking transfer thereof came to be Thereupon, the present application seeking transfer thereof came to be Thereupon, the present application seeking transfer thereof came to be Thereupon, the present application seeking transfer thereof came to be filed by the applicant led by the applicant-wife.

#3. Learned counsel for the applicant, inter alia Learned counsel for the applicant, , contends that the inter alia, contends that the wife is residing alongwith her daughter at her parental home at applicant-wife is residing alongwith her daughter at her parental home at wife is residing alongwith her daughter at her parental home at wife is residing alongwith her daughter at her parental home at . Accordingly, a prayer is made for transfer of the above Amritsar. Accordingly, a prayer is made for transfer of the above . Accordingly, a prayer is made for transfer of the above . Accordingly, a prayer is made for transfer of the above 2 TA-825-2025 (O&M) mentioned petition filed at the instance of respondent-husband from Family Court, Gurdaspur to Family Court, Amritsar.

#4. On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant while stating that respondent-husband has to take care of his mother who is not keeping good health whereas, petitioner-wife is residing with her parents having support from her entire family including her brothers. Learned counsel for respondent further submits that the distance between Amritsar and Gurdaspur is approximately 60 kilometers and thus, it will not be inconvenient for petitioner-wife to attend the hearing.

#5. I have heard learned counsel for the parties and gone through the paper-book.

#6. In the present case, admittedly, the applicant-wife has filed a petition under Section 144 of BNSS for grant of maintenance , which is pending adjudication before the learned Family Court at Amritsar. Besides it, the applicant is also taking care of her daughter, namely, Jannatpreet Kaur.

#7. 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 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 3 TA-825-2025 (O&M) 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.”

#8. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, since a maintenance petition under Section 144 BNSS is pending adjudication at Amritsar, 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 under Section 10 of the Hindu Marriage Act, 1955 i.e. HMA/624/2022, titled ““Ranjot Singh vs. Kawaljot Kaur”, filed by the respondent-husband, stands transferred from the Court of learned Principal Judge, Family Court, Gurdaspur to the Court of competent jurisdiction at Amritsar. The requisite record of the aforesaid case be sent by the learned Family Court, Gurdaspur to the Court concerned.

#9. Pending miscellaneous application(s), if any, shall also stand disposed of.

15.07.2026 Tejwinder (HARKESH MANUJA) JUDGE Whether speaking/reasoned Whether reportable Yes/No Yes/No