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Transfer Application No.230 of 2026 (O & M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

114

Transfer Application No.230 of 2026 (O & M)

Date of decision :-12.05.2026

Harmanpreet Kaur

…..Petitioner

Versus

Lovepreet Singh

…..Respondent

CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. Rahul Vohra, Advocate and

Ms. Sonali Aggarwal, Advocate

for the petitioner.

Respondent proceeded against ex-parte (vide order dated

29.4.2026.

NIDHI GUPTA J. (Oral)

1. Prayer in this petition filed by petitioner is for transfer of

the petition bearing No.GW/134/2025 dated 05.8.2025 (Annexure P-

1) as well as petition filed under Section 9 of the Hindu Marriage Act,

1955 filed by the respondent titled as “Lovepreet Singh vs.

Harmanpreet Kaur” bearing case No.HMA/1679/2025 dated

09.7.2025 (Annexure P-2) pending before the Court of learned Addl.

Principal Judge, Family Court, Ludhiana to the Court of competent

jurisdiction at Moga.

Though notice has been served upon the respondent but

as no one appeared on his behalf despite service, the co-ordinate

Bench of this Court, vide order dated 29.4.2026 proceeded him

VIJAY ASIJA

2026.05.15 17.10

I attest to the accuracy and

integrity of this document

Transfer Application No.230 of 2026 (O & M) 2

against ex-parte Accordingly, this petition is being decided in his

absence.

2. Respondent has filed the above petition bearing

GW/134/2025 dated 05.8.2025 (Annexure P-1) under Sections 7 and 8

of the Guardian and Wards Act, titled as “Lovepreet Singh vs.

Harmanpreet Kaur and another” seeking custody of the minor son,

namely, Sarbaz Singh, who is currently residing with the petitioner at

Moga.

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

i) that the parties solemnized marriage on 24.5.2020

as per sikh Rites.

ii) that out of the said wedlock, two sons, namely,

Gurbaz Singh and Sarbaz Singh were born on

28.2.2021 and 17.7.2023 respectively.

Since11.3.2025 the parties are living separately

and the elder son, namely, Gurbaz Singh, whose

date of birth is 28.2.2021, is in the care and

custody of respondent-husband and the younger

son, namely, Sarbaz Singh, whose date of birth is

17.7.2023, is in the care and custody of the

petitioner-wife, since then. The petitioner-wife

alongwith younger son is living with her parents at

Moga.

iii) That the petitioner is unemployed, having no

source of income and totally dependent upon her

parents and the respondent-husband is not paying

anything to her towards maintenance, and

therefore, she cannot bear the expenses of

travelling from Moga to Ludhiana and that too

leaving behind the younger son.

VIJAY ASIJA

2026.05.15 17.10

I attest to the accuracy and

integrity of this document

Transfer Application No.230 of 2026 (O & M) 3

iv) that the distance between the place of residence

and place of proceedings is approximately 70 kms.

(one side).

v) that as per Section 9 of the Guardian and Wards

Act, 1890, respondent has to file the petition for

custody of the minor son where he ordinarily

resides i.e. Moga.

vi) That there is no proficient male member in the

family of petitioner-wife who can accompany her

to the Court of proceedings at Ludhiana.

vii) Moreover, a petition filed by the applicant under

Section 13 of the Hindu Marriage Act is already

pending at Family Court, Moga.

4. I have heard learned counsel for the petitioner.

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

well established. As per Section 9 of the Guardian and Wards Act,

1890, petition for custody is required to be filed where the minor child

ordinarily resides. In the present case, minor son is admittedly

residing with petitioner-wife at Moga.

6. Besides the facts as noticed hereinabove, the legal

position in such like cases as the present one, 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, 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 Civ