Sheela Devi v. Gurlabh Singh

Mr. Kuldeep, Advocate for Mr. Kuldeep, Advocate for Ms, Manvi Singla, Advocate for the respondent. Ms, Manvi Singla, Advocate for the respondent. Ms, Manvi Singla, Advocate for the respondent. NIDHI GUPTA, J. NIDHI GUPTA, J. 2026 CM-7541-CII-2026 This is an application under Section 151 CPC for placing on record This is an application under Section 151 CPC for placing on record This is an application under Section 151 CPC for placing on record This is an application under Section 151 CPC for placing on record the document Annexure P-7. the document Annexure P Allowed as prayed for subject to all just exceptions and document is Allowed as prayed for subject to all just exceptions and document is Allowed as prayed for subject to all just exceptions and document is Allowed as prayed for subject to all just exceptions and document is taken on record as Annexure P-7. taken on record as Annexure P TA-1152-2024 f the civil suit bearing case Prayer in this petition is for transfer of the civil suit bearing case Prayer in this petition is for transfer o Prayer in this petition is for transfer o No.CS/4/2023 titled as “Gurlabh Singh Vs. Sheela @ Arpita” filed by the No.CS/4/2023 titled as “Gurlabh Singh Vs. Sheela @ Arpita” filed by the No.CS/4/2023 titled as “Gurlabh Singh Vs. Sheela @ Arpita” filed by the No.CS/4/2023 titled as “Gurlabh Singh Vs. Sheela @ Arpita” filed by the law of the petitioner, which is pending before the respondent, who is father-in-law of the petitioner, which is pending before the law of the petitioner, which is pending before the respondent, who is father Additional District and Sessions Judge, Gulha to Court of competen Additional District and Sessions Judge, Gulha Learned Additional District and Sessions Judge, Gulha to Court of competent jurisdiction at Kaithal Kaithal. TRIPTI SAINI 2026.05.22 17:48 I attest to the accuracy and integrity of this document 2024 (O&M) TA-1152-2024 (O&M) -2-

2. submitted by learned counsel for the petitioner that the It is, inter alia, submitted by learned counsel for the petitioner that the submitted by learned counsel for the petitioner that the It is, law deserves to be mentioned civil suit filed by the respondent/father-in-law deserves to be mentioned civil suit filed by the respondent/father above-mentioned civil suit filed by the respondent/father transferred from Gulha to Kaithal on account of following reasons that: - transferred from Gulha to Kaithal on account of following reasons th transferred from Gulha to Kaithal on account of following reasons th i) the petitioner was married to the son of the respondent on the petitioner was married to the son of the respondent on the petitioner was married to the son of the respondent on

07.12.2020; 07.12.2020; ii) no child is born out of their wedlock; no child is born out of their wedlock; petitioner and son of respondent are living separately since iii) petitioner and son of respondent are living separately since petitioner and son of respondent are living separately since iii)

04.03.2023; 04.03.2023; iv) y the petitioner there are 3 other cases pending at Kaithal filed by the petitioner there are 3 other cases pending at Kaithal filed b against the son of the respondent. The same being: against the son of the respondent. The same being: against the son of the respondent. The same being: A IPC at a) FIR No.20 of 2023, registered under Sections 406, 498-A IPC at a) FIR No.20 of 2023, registered under Sections 406, 498 a) FIR No.20 of 2023, registered under Sections 406, 498 Police Station Kaithal (Annexure P-2); Police Station Kaithal (Annexure P Police Station Kaithal (Annexure P b) petition filed by the petitioner under Section 125 Cr.P.C at Kaithal; b) petition filed by the petitioner under Section 125 Cr.P.C at Kaithal; b) petition filed by the petitioner under Section 125 Cr.P.C at Kaithal; b) petition filed by the petitioner under Section 125 Cr.P.C at Kaithal; petition filed by husband of the petitioner under Section 13 of the c) a petition filed by husband of the petitioner under Section 13 of the petition filed by husband of the petitioner under Section 13 of the c) a Hindu Marriage Act is also pending at Kaithal; Hindu Marriage Act is also pending at Kaithal; Hindu Marriage Act is also pending at Kaithal; v) the petitioner is unemployed and has no source of income; the petitioner is unemployed and has no source of income; vi) thus, petitioner is unable to travel the distance of about 50 km thus, petitioner is unable to travel the distance of about 50 km thus, petitioner is unable to travel the distance of about 50 km from Kaithal to Guhla; from Kaith The respondent also threatens the petitioner, and the petitioner vii) The respondent also threatens the petitioner, and the petitioner The respondent also threatens the petitioner, and the petitioner vii) is fearful that the respondent by using unlawful methods will deprive is fearful that the respondent by using unlawful methods will deprive is fearful that the respondent by using unlawful methods will deprive is fearful that the respondent by using unlawful methods will deprive her from justice. her from justice. It is accordingly, prayed that the present petition be allowed and the It is accordingly, prayed that the present petition be allowed and the It is accordingly, prayed that the present petition be allowed and the It is accordingly, prayed that the present petition be allowed and the ned civil suit No. CS/4/2023 be transferred from Guhla to Kaithal. afore-mentioned civil suit No. CS/4/2023 be transferred from Guhla to Kaithal. ned civil suit No. CS/4/2023 be transferred from Guhla to Kaithal. TRIPTI SAINI 2026.05.22 17:48 I attest to the accuracy and integrity of this document 2024 (O&M) TA-1152-2024 (O&M) -3-

3. vide order dated Though the respondent was proceeded ex-parte vide order dated Though the respondent was proceeded Though the respondent was proceeded

29.01.2026, however, on the oral request of ld counsel representing the respondent 29.01.2026, however, on the oral request of ld counsel representing the respondent 29.01.2026, however, on the oral request of ld counsel representing the respondent 29.01.2026, however, on the oral request of ld counsel representing the respondent order is set aside. ex-parte order is set aside.

4. law opposes submissions of Ld counsel for the respondent/father-in-law opposes submissions of Ld counsel for the respondent/father Ld counsel for the respondent/father the petitioner and submits that the suit property is situated at Guhla, therefore the the petitioner and submits that the suit property is situated at Guhla, therefore the the petitioner and submits that the suit property is situated at Guhla, therefore the the petitioner and submits that the suit property is situated at Guhla, therefore the civil suit is maintainable only at Guhla and cannot be transferred for want of civil suit is maintainable only at Guhla and cannot be transferred for want of civil suit is maintainable only at Guhla and cannot be transferred for want of civil suit is maintainable only at Guhla and cannot be transferred for want of rdingly prayed that present transfer petition be dismissed. jurisdiction. It is accordingly prayed that present transfer petition be dismissed. jurisdiction. It is acco

5. No other argument is raised on No other argument is raised behalf of learned counsel for the behalf of learned counsel for the parties. I have heard learned counsel and perused the case file in detail. I find no parties. I have heard learned counsel and perused the case file in detail. I find no parties. I have heard learned counsel and perused the case file in detail. I find no parties. I have heard learned counsel and perused the case file in detail. I find no alf of the petitioner. merit in the submissions advanced on behalf of the petitioner. merit in the submissions advanced on beh

6. Ld. Counsel for the petitioner is unable to deny that the suit property Ld. Counsel for the petitioner is unable to deny that the suit property Ld. Counsel for the petitioner is unable to deny that the suit property Ld. Counsel for the petitioner is unable to deny that the suit property is situated at Guhla. Therefore, it is only the Courts at Guhla that would have is situated at Guhla. Therefore, it is only the Courts at Guhla that would have is situated at Guhla. Therefore, it is only the Courts at Guhla that would have is situated at Guhla. Therefore, it is only the Courts at Guhla that would have jurisdiction. Perusal of the file further reveals that previously, vide order dated jurisdiction. Perusal of the file further reveals that previously, vide order jurisdiction. Perusal of the file further reveals that previously, vide order

28.07.2023 (Annexure P3) on the “no objection” of the respondent, the instant civil 28.07.2023 (Annexure P3) on the “no objection” of the respondent, the instant civil 28.07.2023 (Annexure P3) on the “no objection” of the respondent, the instant civil 28.07.2023 (Annexure P3) on the “no objection” of the respondent, the instant civil suit had been transferred from Guhla to Kaithal by the ld. District Judge, Kaithal. suit had been transferred from Guhla to Kaithal by the ld. District Judge, Kaithal. suit had been transferred from Guhla to Kaithal by the ld. District Judge, Kaithal. suit had been transferred from Guhla to Kaithal by the ld. District Judge, Kaithal. 4) passed by the However, subsequently, vide order dated 07.12.2023 (Annexure P-4) passed by the However, subsequently, vide order dated 07.12.2023 (Annexure P However, subsequently, vide order dated 07.12.2023 (Annexure P earned Additional District Judge, Special Court Kaithal, the matter was again learned Additional District Judge, Special Court Kaithal, the matter was again earned Additional District Judge, Special Court Kaithal, the matter was again earned Additional District Judge, Special Court Kaithal, the matter was again transferred back before the Civil Court at Guhla, taking into account the fact that transferred back before the Civil Court at Guhla, taking into account the fact that transferred back before the Civil Court at Guhla, taking into account the fact that transferred back before the Civil Court at Guhla, taking into account the fact that the suit property is situated within the territorial jurisdiction of Sub Division, the suit property is situated within the territorial jurisdiction of Sub Division, the suit property is situated within the territorial jurisdiction of Sub Division, the suit property is situated within the territorial jurisdiction of Sub Division, case file further reveals that the petitioner had previously also filed a Guhla. The case file further reveals that the petitioner had previously also filed a case file further reveals that the petitioner had previously also filed a case file further reveals that the petitioner had previously also filed a 2024, which was dismissed as withdrawn transfer petition bearing No. TA-1118-2024, which was dismissed as withdrawn 2024, which was dismissed as withdrawn transfer petition bearing No. TA with liberty to file afresh with better particulars vide order dated 12.09.2024 with liberty to file afresh with better particulars vide order dated 12.09.2024 with liberty to file afresh with better particulars vide order dated 12.09.2024 with liberty to file afresh with better particulars vide order dated 12.09.2024 (Annexure P-6) passed by Coordinate Bench of this Court. Clearly therefore, 6) passed by the Coordinate Bench of this Court. Clearly therefore, Coordinate Bench of this Court. Clearly therefore, In this regard reference can be made to the the present petition is misconceived. In this regard reference can be made to the In this regard reference can be made to the the present petition is misconceived. Usman @ Usman Khan Vs. Sunder judgment passed by a co-ordinate Bench in Usman @ Usman Khan Vs. Sunder Usman @ Usman Khan Vs. Sunder judgment passed by a co TRIPTI SAINI 2026.05.22 17:48 I attest to the accuracy and integrity of this document 2024 (O&M) TA-1152-2024 (O&M) -4- wherein it has been held that territorial jurisdiction Singh 205 NCPHHC 100482, wherein it has been held that territorial jurisdiction wherein it has been held that territorial jurisdiction Singh 205 NCPHHC 100482, in suits related to immovable property must adhere to section 16 of the Code of in suits related to immovable property must adhere to section 16 of the Code of in suits related to immovable property must adhere to section 16 of the Code of in suits related to immovable property must adhere to section 16 of the Code of Civil Procedure, 1908, which mandates filing the suit in the Court within the local Civil Procedure, 1908, which mandates filing the suit in the Court within the local Civil Procedure, 1908, which mandates filing the suit in the Court within the local Civil Procedure, 1908, which mandates filing the suit in the Court within the local limits of where the property is situated. limits of where the property is situa

7. that the Even otherwise, from the facts as noticed above, it appears that the Even otherwise, from the facts as noticed above, it appear Even otherwise, from the facts as noticed above, it appear petitioner has no onerous responsibility that would impede her from travelling the petitioner has no onerous responsibility that would impede her from travelling the petitioner has no onerous responsibility that would impede her from travelling the petitioner has no onerous responsibility that would impede her from travelling the short distance of about 44 to 47 km from Kaithal to Guhla. On the other hand, the short distance of about 44 to 47 km from Kaithal to Guhla. On the other hand, the short distance of about 44 to 47 km from Kaithal to Guhla. On the other hand, the short distance of about 44 to 47 km from Kaithal to Guhla. On the other hand, the respondent being her father law is an aged person, and would have difficulty in eing her father-in-law is an aged person, and would have difficulty in law is an aged person, and would have difficulty in travelling.

8. cases are between the Moreover, the above mentioned three pending cases are between the Moreover, the above mentioned three Moreover, the above mentioned three petitioner and her husband and are not against the present respondent. petitioner and her husband and are not against the present respondent. petitioner and her husband and are not against the present respondent.

9. that although the respondent had been It may also be pointed out that although the respondent had been that although the respondent had been It may also be pointed out arrayed as an accused by the petitioner in the aforesaid FIR No. 20 of 2023 arrayed as an accused by the petitioner in the aforesaid FIR No. 20 of 2023 arrayed as an accused by the petitioner in the aforesaid FIR No. 20 of 2023 arrayed as an accused by the petitioner in the aforesaid FIR No. 20 of 2023 registered by the petitioner against her husband and his family, however, upon registered by the petitioner against her husband and his family, however, upon registered by the petitioner against her husband and his family, however, upon registered by the petitioner against her husband and his family, however, upon etitioner had moved investigation, respondent had been exonerated. Subsequently, petitioner had moved investigation, respondent had been exonerated. Subsequently, p investigation, respondent had been exonerated. Subsequently, p an application under section 319 Cr.P.C for summoning of the present respondent, an application under section 319 Cr.P.C for summoning of the present respondent, an application under section 319 Cr.P.C for summoning of the present respondent, an application under section 319 Cr.P.C for summoning of the present respondent, along with other relatives of the respondent; which has been dismissed by the along with other relatives of the respondent; which has been dismissed by the along with other relatives of the respondent; which has been dismissed by the along with other relatives of the respondent; which has been dismissed by the learned Judicial Magistrate First Class Kaithal vide order dated 12.06.2025 learned Judicial Magistrate First Class Kaithal vide order dated 12.06.2025 learned Judicial Magistrate First Class Kaithal vide order dated 12.06.2025 learned Judicial Magistrate First Class Kaithal vide order dated 12.06.2025 7). (Annexure P-7).

10. This Court is well aware that the preponderance of law in cases of This Court is well aware that the preponderance of law in cases of This Court is well aware that the preponderance of law in cases of This Court is well aware that the preponderance of law in cases of transfer emanating from matrimonial disputes is in favour of the wife. However, in transfer emanating from matrimonial disputes is in favour of the wife. However, in transfer emanating from matrimonial disputes is in favour of the wife. However, in transfer emanating from matrimonial disputes is in favour of the wife. However, in certain cases similar to the present one, the Hon’ble Supreme Court, as well as this certain cases similar to the present one, the Hon’ble Supreme Court, as well as this certain cases similar to the present one, the Hon’ble Supreme Court, as well as this certain cases similar to the present one, the Hon’ble Supreme Court, as well as this Court have declined declined relief to the wife. One such case is: