MAMTA RANI v. GULSHAN KUMAR

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. D.S. Saini, Advocate for the applicant. Mr. D.S. Saini, Advocate for the applicant. Mr. D.S. Saini, Advocate for the applicant. Ms. Amarjeet Kaur, Advocate for Ms. Amarjeet Kaur, Advocate for Ms. Amarjeet Kaur, Advocate for Mr. Sukhbir Maandi, Advocate for the respondent. Mr. Sukhbir Maandi, Advocate for the respondent. Mr. Sukhbir Maandi, 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 “Gulshan Kumar vs. Mamta of petition bearing HMA/180/2024, titled “Gulshan Kumar vs. Mamta “Gulshan Kumar vs. Mamta of petition bearing HMA/180/2024, titled 1955 , filed under Section 13 of the Hindu Marriage Act, 1955 , filed under Section 13 of the Hindu Marriage Act, Rani”, filed under Section 13 of the Hindu Marriage Act, (hereinafter to be referred as “the Act”) at the instance of (hereinafter to be referred as “the Act”) - at the instance of respondent- husband; from the Court of learned Principal Judge, Family Court, Baba husband; from the Court of learned Principal Judge, Family Court, Baba husband; from the Court of learned Principal Judge, Family Court, Baba husband; from the Court of learned Principal Judge, Family Court, Baba Bakala Sahib, District Amritsar to the competent Court of jurisdiction at Bakala Sahib, District Amritsar to the competent Court of jurisdiction at Bakala Sahib, District Amritsar to the competent Court of jurisdiction at Bakala Sahib, District Amritsar to the competent Court of jurisdiction at Garhshankar, District Hoshiarpur. Garhshankar, District Hoshiarpur. Briefly stating, the marriage between the applicant and respondent Briefly stating, the marriage between the applicant and respo 2. Briefly stating, the marriage between the applicant and respo was solemnized on 03.03.2021; out of their wedlock, a female child was solemnized on 03.03.2021; out of their wedlock, a female child was solemnized on 03.03.2021; out of their wedlock, a female child was solemnized on 03.03.2021; out of their wedlock, a female child namely, Amyra Kumari was born; on account of matrimonial discord namely, Amyra Kumari was born; on account of matrimonial discord namely, Amyra Kumari was born; on account of matrimonial discord namely, Amyra Kumari was born; on account of matrimonial discord between the parties, the above mentioned petition under Section 13 of between the parties, the above mentioned petition under Section 13 of between the parties, the above mentioned petition under Section 13 of between the parties, the above mentioned petition under Section 13 of husband. the the Act, came to be preferred at the instance of respondent-husband. the the Act, came to be preferred at the instanc the the Act, came to be preferred at the instanc 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-wife. filed by the applicant

#3. Learned counsel for the applicant, inter alia Learned counsel for the applicant, , contends that the inter alia, contends that the is residing alongwith her daughter at her parental home at applicant-wife is residing alongwith her daughter at her parental home at is residing alongwith her daughter at her parental home at is residing alongwith her daughter at her parental home at 2 TA-1253-2025 Hoshiarpur. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of respondent-husband from Family Court, Amritsar to Family Court, Garhshankar, District Hoshiarpur.

#4. On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant.

#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 bearing No.MNT/125/23/2025 for grant of maintenance , which is pending adjudication before the learned Family Court at Hoshiarpur, Camp Court at Garhshankar. Besides it, the applicant is also taking care of her daughter, namely, Amyra Kumari.

#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:- As per the submission of the appellant, two cases are already “3. 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.”

#8. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, since a maintenance petition under Section 144 3 TA-1253-2025 BNSS is pending adjudication at Hoshiarpur, therefore, it would be in the interest of both the parties that all their cases be heard together at the same Court. Consequently the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act, 1955 i.e. HMA/180/2024, titled “Gulshan Kumar vs. Mamta Rani”, filed by the respondent-husband, stands transferred from the Court of ld. Principal Judge, Family Court, Baba Bakala Sahib, District Amritsar to the Court of competent jurisdiction at Hoshiarpur. The requisite record of the aforesaid case be sent by the learned Family Court, Amritsar to the Court concerned.

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

10.07.2026 Tejwinder (HARKESH MANUJA) JUDGE Whether speaking/reasoned Whether reportable Yes/No Yes/No