Ta No. 1186 of 2025 · Punjab And Haryana High Court · 2026

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Pradeep Balyan, Advocate for the Mr. Pradeep Balyan, Advocate for the petitioner. Mr. Saurabh Singla, Advocate for the Mr. Saurabh Singla, 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 DMC No. No. 521 of 2024, dated 08.08.2025, titled “ Singh Vs. , dated 08.08.2025, titled “Jagtar Singh Vs. Jagpreet Kaur”, filed under Section of the Hindu Marriage Act, 1955 at the ”, filed under Section 9 of the Hindu Marriage Act, 1955 at the of the Hindu Marriage Act, 1955 at the instance of respondent-husband; from the District and Sessions Court instance of respondent - District and Sessions Court-cum- to the Court of learned Principal Matrimonial Cases Special Court, Bathinda to the Court of learned Principal to the Court of learned Principal Matrimonial Cases Special Court, Bathinda Judge, Family Court, Patiala. Judge, Family Court, [2] Briefly stating, the marriage bet ween the petitioner and respondent was Briefly stating, the marriage between the petitioner and respondent was ween the petitioner and respondent was solemnized on

19.10.2020; out of their wedlock, a child was born on ; out of their wedlock, a girl child was born on ; on account of matrimonial discord between the parties, the above 27.01.2022; on account of matrimonial discord between the parties, the above ; on account of matrimonial discord between the parties, the above ; on account of matrimonial discord between the parties, the above - mentioned petition came to be preferred at the instance of respondent- mentioned petition came to be preferred at the instance of respond mentioned petition came to be preferred at the instance of respond husband. Thereupon Thereupon, the present application seeking transfer came to be present application seeking transfer thereof came to be filed by the petitioner-wife. filed by the petitioner [3] Learned counsel for the petitioner, inter alia, contends that the petitioner-wife Learned counsel for the petitioner, inter alia, contends that the petitioner Learned counsel for the petitioner, inter alia, contends that the petitioner has also filed maintenance application under Section 14 has also filed maintenance application before the ction 144 of BNSS, 2023 before the . Another petition under Court of learned Principal Judge, Family Court, Patiala. Another petition under Court of learned Principal Judge, Family Court, Court of learned Principal Judge, Family Court, Sections 12(1), 18, 19, 20 and 22 of Protection of W Sections 12(1), 18, 19, 20 and 22 of the Domestic Violence Women from the Domestic Violence Act was also filed by the petitioner was also filed by the petitioner before learned Judicial Magistrate First , before learned Judicial Magistrate First Class, 2 TA-1186-2025 Patiala. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of respondent-husband from District and Sessions Court-cum-Matrimonial Cases Special Court, Bathinda to the Court of learned Principal Judge, Family Court, Patiala. [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 maintenance application under Section 144 of BNSS, 2023 before the Court of learned Principal Judge, Family Court, Patiala and a petition under Sections 12(1), 18, 19, 20 and 22 of the Domestic Violence Act, 2005 was also filed by the petitioner before learned Judicial Magistrate First Class, Patiala. [7] As per the averments made in the present transfer application, the distance between Bathinda and Patiala is approximately 150 kilometres and petitioner-wife having no independent source of income has to thus suffer immense inconvenience to travel to Bathinda along with her minor daughter. [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. 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 3 TA-1186-2025 cases be heard together by the same Court. Consequently the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. DMC/521/2024, titled “Jagtar Singh Vs. Jagpreet Kaur”, filed by the respondent-husband, stands transferred from District and Sessions Court-cum- Matrimonial Cases Special Court, Bathinda to the Court of competent jurisdiction at Family Court, Patiala. The requisite record of the aforesaid case be sent by the District and Sessions Court-cum-Matrimonial Cases Special Court, Bathinda to the Court concerned. [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