[Cites 5, Cited by 0]
Punjab-Haryana High Court
Gagandeep Kaur vs Ravinder Pal Singh on 28 April, 2026
Author: Archana Puri
Bench: Archana Puri
1
TA-524-2025
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.159
TA-524-2025
Date of Decision: 28.04.2026
GAGANDEEP KAUR
....Applicant
Versus
RAVINDER PAL SINGH
.....Respondent
CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI
Present:- Mr. Priyanshu Kamra, Advocate
for the applicant.
Mr. G.S. Kaura, Advocate
for the respondent.
*****
ARCHANA PURI, J. (Oral)
The applicant-wife has filed the present application for seeking
transfer of the petition under Section 13 of the Hindu Marriage Act i.e.
HMA/660/2024, titled 'Ravinder Pal Singh Vs. Gagandeep Kaur', filed by
the respondent-husband, pending in the Family Court, Ambala and she seeks
transfer of the same to the Court of competent jurisdiction at Jagraon,
District Ludhiana.
In pursuance of notice issued, the respondent made appearance
through counsel and filed reply.
Counsel for the parties heard.
TA-524-2025
At the very outset, it is submitted by the counsel that the
marriage between the parties to the lis, had taken place on 16.02.2021, but
no child was born from the said wedlock. However, on account of
matrimonial dispute, the parties are residing separate. The applicant is
residing at her parental place in Jagraon, District Ludhiana. She had got
lodged an FIR bearing No.20 dated 21.04.2022, under Sections 406 and 498-
A IPC, at Police Station Suthar, Jagraon, against her husband, mother-in-law
and father-in-law and the trial, relating to the said FIR, is pending in the
Courts at Jagraon. Furthermore, the applicant has filed the petition under
Section 125 Cr.P.C. i.e. MNT/65/2025, as well as the petition under Section
12 of Protection of Women from Domestic Violence Act i.e.
COMA/362/2024, which are pending in the Courts at Jagraon, at appearance
stage. The applicant is not having any source of earning. The distance
between the two places is stated to be about 150 kms. As such, a prayer for
acceptance of the transfer application has been made.
On the other hand, counsel for the respondent, while making
reference to the reply, submits that the applicant has not come to the Court
with clean hands. In fact, she has been proceeded against ex parte before
learned Family Court. Also, it is submitted that the father of the respondent-
Harpal Singh Grewal, who is his attorney-holder, is a cancer patient. Even,
the mother of the respondent, namely, Surjeet Kaur, is a heart patient. On
account of their old age, as well as, medical ailments, it will be difficult for
the father of the respondent also, to pursue the litigation, if so transferred to
Jagraon.
TA-524-2025
Suffice to consider that the applicant had already made
appearance before learned Family Court and filed an application for setting
aside of the ex parte proceedings against her.
In view of the submissions aforesaid, it is pertinent to mention
that while adjudicating on the transfer application, relating to the
matrimonial dispute, the Courts generally lean towards convenience of the
wife. However, the same is not a thumb rule, as various other
circumstances, spelt out from the material brought on record, are also to be
taken into consideration and then, the Courts have to make an effort to
balance the convenience/inconvenience of both the sides.
In the case in hand, there is no child born from the estranged
marriage. The respondent himself is residing in Ireland and the divorce
petition has been filed through his father, being his attorney-holder. Even,
the respondent has appeared before this Court through his attorney. Though,
it is stated that the father of the respondent, as well as his mother, have
ample medical issues, but however, no material has been brought on record
to substantiate the same. Very true that they are aged persons, but however,
it ought to be taken into consideration that there are other three cases
between the parties, which are pending in the Courts at Ambala. The
husband, mother-in-law and father-in-law of the applicant are also facing
trial in the criminal case, in the Courts at Jagraon, wherein they are required
to make appearance on each and every date of hearing. No application, till
date, has been filed by the respondent, to seek transfer of the said trial.
Apart from the said trial, two other cases, arising from the broken marriage,
are also pending in the Courts at Jagraon.
TA-524-2025
Considering the aforesaid factual position, more particularly,
considering the criminal case to be pending at Jagraon, wherein the
respondent, as well as his attorney-holder are also arrayed as an accused and
also considering the applicant to be not having any source of earning and
also taking into consideration the distance between the two places, this Court
deems it appropriate to accept the application. Hence, the transfer
application is allowed and the petition under Section 13 of the Hindu
Marriage Act i.e. HMA/660/2024, titled 'Ravinder Pal Singh Vs. Gagandeep
Kaur', filed by the respondent-husband, stands transferred from the Family
Court, Ambala, to the Court of competent jurisdiction at Jagraon, District
Ludhiana. The requisite record of the aforesaid case be sent by the Family
Court, Ambala, to the District and Sessions Judge, Ludhiana.
Learned District and Sessions Judge, Ludhiana, shall preferably
assign the said petition to the same Court at Jagraon, where the litigation
between the parties to the lis is already pending. Even, the parties are
directed to appear before the Court concerned, within a period of one month
from today onwards.
The Court concerned shall make an endeavour, to preferably
adjourn all the cases, for one and the same date.
(ARCHANA PURI)
28.04.2026 JUDGE
Himanshu Vats
Whether speaking/reasoned : Yes
Whether reportable : Yes/No
