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Punjab-Haryana High Court
Ishan vs Lovedeep Singh And Anr on 28 April, 2026
Author: Archana Puri
Bench: Archana Puri
1
TA-717-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.156
TA-717-2024
Date of Decision: 28.04.2026
ISHAN
....Applicant
Versus
LOVEDEEP SINGH AND ANOTHER
.....Respondents
CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI
Present:- Mr. V.G. Jauhar, Advocate
for the applicant.
Mr. H.P.S. Ghuman, Advocate
for the respondents.
*****
ARCHANA PURI, J. (Oral)
The applicant-Ishan (minor son of respondent No.1-Lovedeep Singh),
through his mother-Jasvir Kaur, has filed the present application for seeking
transfer of the civil suit i.e. CS/19/2023, titled 'Ishan Vs. Lovedeep Singh
and another', pending in the Family Court (Camp Court) Nabha, District
Patiala and he seeks transfer of the same to the Court of competent
jurisdiction at Sangrur.
In pursuance of notice issued, the respondents made appearance
through counsel and filed reply. Even, rejoinder was filed.
Counsel for the parties heard.
TA-717-2024
At the very outset, it is submitted by the counsel for the
applicant that the marriage of the mother of the applicant, was solemnized
with respondent No.1-Lovedeep Singh, on 13.02.2011. From the said
wedlock, the applicant was born on 05.09.2014 and he is presently about
11½ years old. On account of matrimonial dispute, his parents are residing
separate. The applicant, along with his mother, is residing at the house of his
grandfather-Rajinder Singh, in village Kheri, District Sangrur. The
applicant, being a minor and student, has to face loss of studies and incur
difficulties in pursuing the civil suit, which is pending at Nabha. The
distance between the two places is stated to be about 45 kms.
Furthermore, counsel submits that the applicant, as well as his
mother, had filed the petition under Section 125 Cr.P.C., against respondent
No.1. The executions are also pending in the Courts at Sangrur. The
respondent is pursuing the said cases. As such, a prayer has been made for
transfer of the civil suit.
On the other hand, counsel for the respondents, while making
reference to the reply, submits that the applicant has not come to the Court
with clean hands. In fact, earlier also, the suit was filed in the Courts at
Sangrur and vide order dated 22.09.2023, the Court had returned the plaint,
with regard to the objection to territorial jurisdiction. Only thereafter, the
civil suit in hand, has been filed. Also, it is submitted that the transfer of the
civil suit, is not maintainable, as the property in question, exists within the
jurisdiction of Nabha, District Patiala.
However, in the rejoinder, the applicant has stated about the
detail of pending litigation between the parents of the applicant. As per the
TA-717-2024
details so furnished, two criminal miscellaneous petitions are pending before
this Court, two execution petitions are pending in the Courts at Sangrur and
one criminal case, relating to the matrimonial dispute of other brother of
respondent No.1, is also pending in the Courts at Sangrur.
In view of the submissions aforesaid, at the very outset, it is
pertinent to mention that while considering the transfer application, various
factors ought to be taken into consideration. There cannot be any cast iron
formula, to be applied in all the cases, while adjudicating on the transfer
applications. Each case has to be decided in its own factual background.
One distinctive circumstance may alter the fate of the transfer application.
In the case in hand, the applicant is son of respondent No.1-
Lovedeep Singh, who has a matrimonial dispute with his wife-Jasvir Kaur,
through whom, the present application has been filed. It is pertinent to
mention that other litigation, which is pending between the parents of the
applicant, relates to the execution petitions only and no evidence is required
to be recorded therein. In the given circumstances, it is also pertinent to
notice that the distance between the two places is only 45 kms. Both
Sangrur and Nabha have good road connectivity. Moreover, the civil suit is
pending since the year 2023. In fact, the suit has been filed, as apparent,
through his mother only. Furthermore, the suit, which is sought to be
transferred, is of civil nature and as such, the presence of the mother of the
applicant, is not required on each and every date of hearing. Also, the age of
the applicant is not such, which calls for personal attention/care of the
mother all the time. Otherwise also, the applicant along with his mother, is
residing at his grand-parents' place. As such, in the absence of the mother of
TA-717-2024
the applicant, while coming to court, he can be taken care of by his grand-
parents.
In view of the aforesaid fact situation, there is no justifiable
ground made out, to accept the application.
Hence, the transfer application is hereby dismissed.
Anyhow, the applicant, as well as his mother, always has an
option to file an application for making appearance before the Court
concerned, as and when required, through virtual mode and upon filing of
such application, the Court concerned shall consider the same and pass an
appropriate order, in the fitness of circumstances.
(ARCHANA PURI)
28.04.2026 JUDGE
Himanshu Vats
Whether speaking/reasoned : Yes
Whether reportable : Yes/No
