KINDERPAL KAUR AND OTHERS v. JASWINDER SINGH TA
Case Details
TA-1154-2023 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Sr. No.102 KINDERPAL KAUR AND OTHERS Versus JASWINDER SINGH TA-1154-2023 (O&M) Date of Decision: 09.09.2025 ....Applicants .....Respondent CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI
Legal Reasoning
Present:- Mr. Hasrat Brar, Advocate for the applicant. Mr. Karan Garg, Advocate for the respondent. ***** ARCHANA PURI, J. (Oral) CM-17164-CII-2025 The present application has been filed at the behest of the respondent, for placing on record reply to the transfer application, along with Annexures. In view of the averments made in the application, same is allowed and the requisite documents are taken on record. M ain case The applicant-Kinderpal Kaur and her parents have filed the present application for seeking transfer of the petition under Section 25 of the Guardians and Wards Act i.e. GW/44/2023, titled ‘Jaswinder Singh Vs. Kinderpal Kaur and others’, filed by the respondent, pending in the Family Court, Bathinda and they seek transfer of the same to the Court of competent jurisdiction at Zira, District Ferozepur. Sonu 2025.09.10 10:16 I agree to specified portions of this document P&HHC In pursuance of notice issued, the respondent made appearance TA-1154-2023 (O&M) through counsel and filed reply. 2 Counsel for the parties heard. At the very outset, it is submitted by counsel for the applicant that marriage between applicant No.1 and the respondent had taken place on 09.11.2024. One daughter was born from the said wedlock on 18.02.2016, who is in the care and custody of the applicant. However, on account of the matrimonial dispute, the parties are residing separate. Furthermore, it is submitted that the divorce by mutual consent was obtained by applicant No.1, as well as the respondent, vide judgment and decree dated 16.11.2021, copy whereof is Annexure A-1. One of the term settled was that the respondent shall not seek the custody of the child from applicant No.1 in future. However, the respondent has floated the said term of settlement reached between the parties and filed the petition under Section 25 of the Guardians and Wards Act. Also, it is submitted that the daughter is studying in Government Primary School, Pandori Jattan, Zira, District Ferozepur. Even, the parents of applicant No.1 are 71 and 65 years old and they are having age-related health issues. Even, applicant No.3, mother of applicant No.1, has undergone surgery, for the treatment of ‘Chronic Cholecystitis with Cholelithiasis’ and the medical report relating to the same is Annexure A-4. In the given circumstances, it is submitted that it is difficult for the applicants, to commute a distance of about 100 kilometres, to defend the guardianship petition, pending at Bathinda. On the other hand, counsel for the respondent, while making reference to the reply, submits that there is concealment of the material facts, at the behest of applicant No.1. In fact, the subject child is residing with her grandparents at Zira, District Ferozepur, whereas applicant No.1 is herself Sonu 2025.09.10 10:16 I agree to specified portions of this document P&HHC TA-1154-2023 (O&M) 3 residing at Pandori Jattan, which is far away from Zira. Also further, it is submitted that applicant No.1 is indulging in illegal and immoral activities and she is involved with someone in Patiala. In the given circumstances, the daughter is not being appropriately taken care of, by the aged parents of applicant No.1. In view of the rival submissions aforesaid, it is pertinent to mention that the transfer application was filed on 04.09.2023 and at first instance, the application was dealt by the Court on 11.09.2023 and without issuance of notice to the respondent, it was allowed. Vide said order, certain conditions were imposed, thereby giving liberty to the respondent to revive the application, in case he intended to contest the same. Thereupon, an application i.e. CM-10426-CII-2024, was filed by the respondent, thereby seeking revival of the transfer application. Considering the averments made in the application, by detailed order on 07.05.2025, the application was revived and thereupon reply was filed by the respondent. There was matrimonial dispute of applicant No.1 with the respondent and the same was amicably settled between them. On the basis of the same, petition under Section 13-B of the Hindu Marriage Act, was filed for seeking divorce by mutual consent and the same was decreed on 16.11.2021, copy whereof is Annexure A-1. Perusal of the same reveals that, at that time, it was settled between the parties that the daughter born from the said wedlock, shall remain with the mother i.e. Kinderpal Kaur, applicant No.1, who was petitioner No.1 in the petition under Section 13-B of the Hindu Marriage Act. It was also settled that the respondent shall not claim the custody of the minor daughter, in future. However, now it is stated by the counsel for the respondent that the daughter is not being taken care of Sonu 2025.09.10 10:16 I agree to specified portions of this document P&HHC TA-1154-2023 (O&M) 4 appropriately, by the mother and under the constrained circumstances, father has filed the guardianship petition. Considering the aforesaid circumstances, it is also pertinent to mention that though, the respondent in his reply has asserted about applicant No.1 to be residing at Patiala and also indulging in illegal and immoral activities, but however, on query by this Court, counsel for the respondent submitted that there is no material coming on record to substantiate this assertion. So far as the residence of applicant No.1 at Patiala is concerned, relating to the same also, no such material has come forth. Even, in the guardianship petition, the address of Kinderpal Kaur is ‘Village Pandori Jattan, Tehsil Zira, District Ferozepur’, where the applicant is allegedly residing, along with her parents. However, there is no material coming forth to gather an impression that applicant No.1 to be residing at Patiala and also indulging in illegal and immoral activities. For all intents and purposes, with regard to disposal of the transfer application, it ought to be considered that Kinderpal Kaur, is resident of ‘Village Pandori Jattan, Tehsil Zira, District Ferozepur’. The said address is also mentioned in the guardianship petition. The daughter is also studying in Government Primary School, Pandori Jattan, Zira (Ferozepur) and suffice to consider the certificate issued under the signatures of Principal of said school, copy whereof is Annexure A-3. Considering the aforesaid circumstances, it is also evident that the minor daughter is also residing in Pandori Jattan, Tehsil Zira, District Ferozepur. In view of the same and also taking into consideration the ‘best interest’ of the child, who is also bound to be subjected to inconvenience, while travelling a distance of about 100 kilometres and also taking into Sonu 2025.09.10 10:16 I agree to specified portions of this document P&HHC TA-1154-2023 (O&M) 5 consideration applicant No.1 not having any source of earning and applicants No.2 and 3 to be aged persons, in the fitness of circumstances, it is just and expedient to accept the application. In view of the aforesaid fact situation, the transfer application is allowed and the petition under Section 25 of the Guardians and Wards Act i.e. GW/44/2023, titled ‘Jaswinder Singh Vs. Kinderpal Kaur and others’, filed by the respondent, stands transferred from the Family Court, Bathinda, to the Court of competent jurisdiction at Zira, District Ferozepur. The requisite record of the aforesaid case be sent by the Family Court, Bathinda, to the District and Sessions Judge, Ferozepur. Learned District and Sessions Judge, Ferozepur, shall assign the said petition to the Family Court (Camp Court) Zira. Even, the parties are directed to appear before the Family Court (Camp Court) Zira, within a period of one month from today onwards. 09.09.2025 Himanshu (ARCHANA PURI) JUDGE Whether speaking/reasoned Whether reportable : : Yes Yes/No Sonu 2025.09.10 10:16 I agree to specified portions of this document P&HHC