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TA-161-2026 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

230 TA-161-2026

Date of Decision: 14.05.2026

Kulwinder Kaur .…Petitioner

Versus

Hargopal Singh .... Respondent

CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

Present: - Mr. Vivek K. Thakur, Advocate for the petitioner.

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

13 of the Hindu Marriage Act, 1955 (for short-‘the Act’) bearing No.

HMA/217/2025 dated 08.09.2025 (Annexure P-4) titled as ‘Hargopal

Singh vs. Kulwinder Kaur’ pending before the learned Family Court,

Camp Court, Dasuya to a Court of competent jurisdiction at Bholath,

Sessions Division, Kapurthala.

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

i) The parties were married on 13.12.2024 as per Sikh

Rites and Ceremonies.

ii) Two children i.e. one son (born on 17.06.2016) and

one daughter (born on 18.05.2018) were born out of

the said wedlock; and presently they both are in the

care and custody of the petitioner-mother.

iii) Due to matrimonial discord the parties are living

separately since 07.08.2025.

RISHU KATARIA

2026.05.18 19:25

I attest to the accuracy and

authenticity of this

order/judgment.

TA-161-2026 -2-

iv) The petitioner has no source of income. As such she

is unable to maintain herself and the minor children.

v) One case filed by the petitioner under Section 12 of

the Protection of Women from Domestic Violence

Act, 2005 (Annexure P-5) is pending adjudication

before the learned Judicial Magistrate Ist Class,

Bholath, Sessions Division, Kapurthala.

vi) The distance between the place of residence of the

petitioner at Village Nadala, Tehsil Bholath, District

Kapurthala and place of proceedings at Dasuya,

District Hoshiarpur is about 70 kilometers on one

side. As such, it is difficult for her to undertake

frequent travel for the case from Village Nadala,

Tehsil Bholath, District Kapurthala to Dasuya along

with minor children.

3. Learned counsel submits that the petition bearing

No. HMA/217/2025 dated 08.09.2025 (Annexure P-4) filed by the

respondent-husband deserves to be transferred from the learned Family

Court, Camp Court, Dasuya to Court of competent jurisdiction at

Sessions Division, Kapurthala as, the petitioner is single handedly taking

care of the minor children. Moreover, the respondent has filed the said

petition (Annexure P-4) through his Special Power of Attorney Holder

who is his sister as, he himself is residing in Portugal as is mentioned in

the memo of parties of petition (Annexure P-4). Further, learned counsel

for the petitioner refers to MLR (Annexure P-3) wherein it is shown that

RISHU KATARIA

2026.05.18 19:25

I attest to the accuracy and

authenticity of this

order/judgment.

TA-161-2026 -3-

the respondent has physically assaulted the petitioner. It is accordingly,

prayed that the present petition may be allowed.

4. Ms. Kirandeep Kaur, Advocate, has put in appearance on

behalf of the respondent-husband and submits Memo of Appearance in

Court, which is taken on record. Learned counsel for the respondent is

unable to dispute the aforesaid submissions of learned counsel for the

petitioner.

5. No other argument has been made on behalf of the parties. I

have heard learned counsel and carefully gone through the case file. In

view of the undisputed facts as noted above, I find merit in the

submissions advanced on behalf of the petitioner.

6. Besides the facts as noticed hereinabove, which constitute

sufficient grounds for transfer, the legal position in such like cases is well

established. In this regard, judgment of the Hon’ble Supreme Court

rendered in N.C.V. Aishwarya vs A.S. Saravana Karthik Sha,” 2022

Live Law (SC) 627, is notable, wherein the Hon’ble Supreme Court has

held as under:-

“9. The cardinal principle for exercise of power under

section 24 of the Code of Civil Procedure is that the ends of

justice should demand the transfer of the suit, appeal or

other proceeding. In matrimonial matters, wherever