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TA-146-2026 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

141-A TA-146-2026

Date of Decision: 18.05.2026

Sandeep Kaur .…Petitioner

Versus

Gubinder Singh .... Respondent

CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

Present: - Mr. Rahul Garg, Advocate for the petitioner.

Mr. Mayur Singla, Advocate for the respondent.

NIDHI GUPTA, J. (ORAL)

1. By way of filing the present petition, the petitioner-wife is

seeking transfer of petition filed by respondent-husband under Section

25 of the Guardian and Wards Act 1890 (for short-‘the Act’) bearing

No. GW/65/2025 (Annexure P-1) titled as ‘Gubinder Singh vs. Sandeep

Kaur’ pending before the learned Family Court, Bathinda, Camp Court

at Phul to a Court of competent jurisdiction i.e. Family Court, Patiala,

Camp Court at Nabha.

2. Learned counsel for the petitioner, inter alia, submits that:-

i) The parties were married on 28.11.2021 as per Sikh

Rites and Ceremonies.

ii) One girl child was born out the said wedlock on

27.08.2022; and presently, she is in the care and

custody of the petitioner-mother.

iii) Due to matrimonial discord the parties are now living

separately.

iv) The petitioner has no source of income and is fully

dependent upon her parents.

RISHU KATARIA

2026.05.21 09:11

I attest to the accuracy and

authenticity of this

order/judgment.

TA-146-2026 -2-

v) One case filed by the petitioner under Section 144 of

the BNSS, 2023 (Section 125 Cr.P.C.) bearing No.

MNT125/75/2024 (Annexure P-3) titled as ‘Sandeep

Kuar and another vs. Gubinder Singh’, is pending

adjudication before the learned Family Court, Patiala

Camp Court at Nabha.

vi) The distance between the place of residence of the

petitioner at Nabha, District Patiala and place of

proceedings at Phul, District Bhatinda is about 115

kilometers on one side. As such, it is difficult for her

to undertake frequent travel for the case from Nabha

to Phul along with minor girl child.

3. I have heard learned counsel for the parties.

4. The legal position in such like cases as the present one, is

well established. As per Section 9 of the Act, petition for custody is

required to be filed where the minor child ordinarily resides. In the present

case, minor daughter is admittedly residing with the petitioner at Nabha.

5. After going through the entire paper-book, this Court deems

it appropriate to allow the present petition, subject to the following

conditions:-

a) The petition bearing No. GW/65/2025 (Annexure P-1)

titled as ‘Gubinder Singh vs. Sandeep Kaur’ pending

before the learned Family Court, Bathinda, Camp

Court at Phul is transferred to a Court of competent

jurisdiction i.e. Family Court, Patiala, Camp Court at

Nabha.

b) The learned District Judge, Bathinda is directed to

transfer complete record pertaining to the aforesaid

case to District Judge, Patiala.

c) The parties are directed to appear before the District

Judge, Patiala on 19.06.2026.

d) The District Judge, Patiala will assign the said

petition to the Court of competent jurisdiction.

RISHU KATARIA

2026.05.21 09:11

I attest to the accuracy and

authenticity of this

order/judgment.

TA-146-2026 -3-

6. The Court concerned, where the litigation is pending

between the parties, will accommodate them with one date in one

calendar month.

7. The present petition stands disposed of, in the above terms.

8. Pending application(s), if any, shall also stand disposed of.

18.05.2026 ( NIDHI GUPTA )

rishu JUDGE

Whether speaking/reasoned Yes/No

Whether Reportable Yes/No

RISHU KATARIA

2026.05.21 09:11

I attest to the accuracy and

authenticity of this

order/judgment.