Punjab & Haryana High Court
Gurvinder Kaur v. Jashanpreet Singh
TA/99/2026
- Decision date
- 2026-07-17
- Text availability
- Full text
- Judges
- Harkesh Manuja
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
TA-99-2026 (O&M) --1-- 226 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-99-2026 (O&M) Decided on:-17.07.2026 Gurvinder Kaur ….Applicant. vs. Jashanpreet Singh ….Respondent. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. V.K. Sandhir, Advocate for the applicant. None for the respondent. ***** HARKESH MANUJA J. (Oral) 1. The applicant-wife, by way of present application, seeks transfer of petition bearing HMA-523-2025, titled as “Jashanpreet Singh vs. Gurinder Kaur” filed under Section 9 of the Hindu Marriage Act, 1955 (hereinafter to be referred as “1955 Act”) at the instance of respondent-husband; from the Court of learned Additional Principal Judge, Family Court, Batala to the competent Court of jurisdiction at Amritsar. 2. Briefly stating, the marriage between the applicant and respondent was solemnized on 29.11.2024; on account of matrimonial discord between the parties, the above mentioned petition under Section 9 of the 1955 Act, came to be preferred at the instance of respondent-husband. Thereupon, the present application seeking transfer thereof came to be filed by the applicant-wife. 3. Learned counsel for the applicant, inter alia, contends that the SONIKA 2026.07.20 17:36 I attest to the accuracy and authenticity of this document TA-99-2026 (O&M) --2--
applicant-wife has done BSC (Nursing) but she is not doing any job and presently she is residing with her parents at Amritsar. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of respondent-husband from Family Court, Batala to Family Court, Amritsar. 4. No one has chosen to appear on behalf of the respondent. 5. I have heard learned counsel for the applicant and gone through the paper-book. 6. In the present case, admittedly, the applicant-wife has filed petition bearing No.COMA/19181/2025 under Section 12 of the Protection of Women From Domestic Violence Act, 2005 (for short, “DV Act”), which is pending adjudication before the competent Court of jurisdiction at Amritsar. 7. As per the averments made in the present transfer application, the applicant-wife has no independent source of income and is solely dependent upon her parents, who are residing at Amritsar.
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 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 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.” SONIKA 2026.07.20 17:36 I attest to the accuracy and authenticity of this document TA-99-2026 (O&M) --3--
9. Considering the aforesaid facts and circumstances, in the humble opinion of this Court, since a petition under Section 12 of the DV Act is pending before the ld. Family Court, 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 bearing HMA-523/2025 under Section 9 of the 1955 Act, titled “Jashanpreet Singh vs. Gurinder Kaur”, filed by the respondent-husband, stands transferred from the Family Court, Batala, to the Family Court of competent jurisdiction at Amritsar. The requisite record of the aforesaid case be sent by the Family Court, Batala to the Court concerned. 10. Pending miscellaneous application(s), if any, shall also stand disposed off. 17.07.2026 (HARKESH MANUJA) sonika JUDGE (i) Whether speaking/reasoned: Yes/No (ii) Whether reportable: Yes/ No SONIKA 2026.07.20 17:36 I attest to the accuracy and authenticity of this document