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2026 Supreme(Online)(P&H) 1657

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DR RANBIR SINGH – Appellant
Versus
DR RIMALJEET KAUR – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: February 09, 2026 Dr.Ranbir Singh ...Applicant Versus Dr.Rimaljeet Kaur ...Respondents CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI Present: Mr.Aditya Dassaur, Advocates for the applicant.

Mrs.Savita Bhandari, Advocate for the respondent.

****

ARCHANA PURI, J.

The applicant-husband has filed the present application for seeking transfer of the divorce petition under Section 13 of the Hindu Marriage Act, bearing No.HMA-38-2025, filed by the respondent-wife, titled ‘Rimaljeet Kaur vs. Ranbir Singh’, pending before the Family Court, Panchkula and he seeks transfer of the same to the Court of competent jurisdiction, either at Jalandhar or Ludhiana or any other common place, in the interest of justice.

In pursuance of the notice issued, respondent made appearance through counsel and filed reply.

During the pendency of the transfer application, CM-22707-

CII-2025 was filed, at the instance of the respondent to place on record Annexure R-11 i.e. true translated copy of GPA dated 08.02.2022 and therein, also sought dismissal of the petition for want of authority.

Reply to the said application was filed.

Counsel for the parties heard, on the aforesaid application as well as transfer application.

At the very outset, it is pertinent to mention that both the applicant as well as the respondent are residing abroad. The applicant- husband has filed the transfer application through his attorney Narinder Singh s/o Boorh Singh. Along with the application, the copy of the power attorney was also filed. However, after making appearance and after filing the reply to the transfer application, the respondent-wife also filed the aforesaid application for placing on record the true translated copy of the GPA as well as seeking dismissal of the petition, for want of authority. In this context, it is submitted that Narinder Singh never had an authority to file the transfer application. In fact, while making reference to the recitals of the power of attorney, so relied upon by the applicant, it has been submitted that the power of attorney was executed on 08.02.2022 and therein, only an authority was given to take care of the immoveable properties and also about the income tax department matter, which was pending. It is further submitted that on the basis of the GPA aforesaid, the attorney holder Narinder Singh, as such, was not expressly authorised or had the authority to institute the transfer application, on behalf of Dr.Ranbir Singh and precisely, on this account, it is submitted that the application, a such, has been filed, without any authority and the same be dismissed.

In this regard, counsel for the respondent has placed reliance upon Chet Ram Gupta vs. Motian Devi Lamba, 2008(28) RCR (Civil) 209 Nelian International Co. Ltd. vs. Powerica, TA(Civil)-32-2020, decided on 06.07.2022 and Naivedya Associates vs. M/s Kriti Nutrients Ltd., TA(Civil)-953-2021, decided on 02.08.2021. He submits that when no authorization, as such, was there, therefore, the transfer application, as such, cannot be proceeded further.

With the able assistance of the counsel, this Court has gone through the recitals of the power of attorney, brought on record.

Therein, firstly stating about the authority given to Narinder Singh by the applicant, as such, to take care of his immoveable property, there was also mention made about to take care of the income tax department matter, which is pending in the case and further, it is stated that besides the same, if there is any other case pending or when it is required to be instituted, he has authority to do the same and affix his signatures and file affidavit on his behalf.

Considering the same, suffice to consider this general power of attorney, which gives the power to file fresh case, while considering the transfer application. However, at this stage, meticulous appraisal of the power of attorney, is not required to be made. The same can be taken care of by the Court concerne

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