Allowed¶25

Reena Singla v. Pankaj Kumar Bansal

Punjab & Haryana HC11 Feb 2025TA/148/2024

Case brief

AI extract

What is this about?

TA-148-2024 (O&M), Punjab & Haryana High Court (Archana Puri, J., 11.02.2025): wife's transfer application allowed on respondent's no-objection; husband's divorce petition DMC/822/2023 (Section 13 Hindu Marriage Act) moved from Family Court, Bhiwani to SAS Nagar, Mohali for concurrent trial with wife's Section 125 Cr.P.C. and Domestic Violence Act petitions and husband's Guardians and Wards Act petition GW/39/2024; factors: minor daughter in wife's custody, ~300 km travel distance; parties directed to appear within one month.

What did the court decide?

Transfer of divorce petition DMC/822/2023 from the Family Court, Bhiwani to the Court of competent jurisdiction at SAS Nagar, Mohali, with directions for transmission of record, coordinated listing with the Guardianship Petition where possible, and appearance of the parties within one month.

Reena Singla Vs Pankaj Kumar Bansal — Child Custody and Guardianship | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the divorce petition (DMC/822/2023) filed by the respondent/husband and pending before the courts at Bhiwani should be transferred to the court of competent jurisdiction at SAS Nagar, Mohali.

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Court's answer

The transfer application is allowed and the divorce petition DMC/822/2023 under Section 13 of the Hindu Marriage Act filed by the respondent/husband is transferred from the Family Court, Bhiwani to the Court of competent jurisdiction at SAS Nagar, Mohali.

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Ratio / Principle

The transfer was considered appropriate in view of the respondent counsel's statement of no objection, the fact of the applicant taking care of the minor child, and the distance of about 300 kms between Bhiwani and Mohali.

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Key takeaways

The requisite record of the transferred case is to be sent by the Family Court, Bhiwani to the District and Sessions Judge, SAS Nagar, Mohali, who shall assign the petition to the Family Court, SAS Nagar, Mohali.ratio¶25
The Family Court at SAS Nagar, Mohali is requested to preferably adjourn both the divorce petition and the Guardianship Petition for the same date, considering the convenience of the respondent who has to travel about 300 kms.ratio¶28
Both parties are directed to appear before the Family Court, SAS Nagar, Mohali within a period of one month.

Detailed headnote1 paragraphs

Transfer Application (wife) - Divorce petition under Section 13 of the Hindu Marriage Act (DMC/822/2023), filed by the husband and pending at Bhiwani, ordered to be transferred to the Court of competent jurisdiction at SAS Nagar, Mohali. Grounds: respondent's counsel stated no objection to the transfer; the applicant/wife has the care and custody of the minor daughter aged about 10-11 years; proceedings under Section 125 Cr.P.C. and Section 12 of the Domestic Violence Act filed by the wife, and a Guardians and Wards Act petition (GW/39/2024) filed by the husband, are already pending at Mohali; and the distance between Bhiwani and Mohali is about 300 kms. Directions: Family Court, Bhiwani to send the record to the District and Sessions Judge, SAS Nagar, Mohali for assignment; the Family Court at Mohali to preferably fix the divorce petition and the Guardianship Petition for the same date, keeping in view the respondent's travel convenience; parties to appear before the Family Court, SAS Nagar, Mohali within one month.

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TA-148-2024 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Sr. No.223

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TA-148-2024 (O&M)

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Date of Decision: 11.02.2025

REENA SINGLA

....Applicant

Versus

PANKAJ KUMAR BANSAL

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.....Respondent

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CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

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Present:Mr. Tarun Dhingra, Advocate for the applicant.

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Mr. Hitesh Verma, Advocate for the respondent.

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ARCHANA PURI, J. (Oral)

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The applicant/wife has filed the present application for seeking transfer of the divorce petition i.e. DMC/822/2023 titled “ Pankaj Kumar Bansal v/s Reena Bansal ”, filed by the respondent/husband, which is pending in the courts at Bhiwani and she seeks transfer of the same to the court of competent jurisdiction at SAS Nagar, Mohali.

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Even though, the respondent had made appearance through

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Sonu 2025.02.11 16:03 I attest to the accuracy and authenticity of this document P&HHC

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TA-148-2024 (O&M)

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counsel, but the reply was not filed. Rather, counsel making appearance on behalf of the respondent submits that he has no objection, if the transfer application is allowed.

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Heard.

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It is submitted by the counsel for the applicant that the marriage between the parties had solemnized on 25.05.2013 and one daughter aged about 10-11 years born from the said wedlock is in the care and custody of the applicant. It is also submitted by the counsel for the applicant that petition under Section 125 Cr.P.C. as well as petition under Section 12 of Domestic Violence Act, filed at the instance of the applicant/wife, are already pending in the courts at SAS Nagar, Mohali. Besides the same, it has been brought to the notice of the court by the counsel for the respondent that petition under the Guardians and Wards Act i.e. GW/39/2024, filed at the instance of the respondent, is already pending in the courts at Mohali.

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Considering the aforesaid scenario, more particularly, the statement made by the counsel for the respondent and also considering the fact of the applicant taking care of the minor child and also looking at the distance of about 300 kms, from Bhiwani to Mohali, the present application stands allowed and the petition under Section 13 of the Hindu Marriage Act i.e. DMC/822/2023, titled “ Pankaj Kumar Bansal v/s Reena Bansal ”, filed by the respondent/husband, stands transferred from the Family Court, Bhiwani, to the Court of competent jurisdiction at SAS Nagar, Mohali. The requisite record of the aforesaid case be sent by the Family Court, Bhiwani, to the District and Sessions Judge, SAS Nagar, Mohali.

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Sonu 2025.02.11 16:03 I attest to the accuracy and authenticity of this document P&HHC

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TA-148-2024 (O&M)

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Learned District and Sessions Judge, SAS Nagar, Mohali, shall assign the said petition to the Family Court, SAS Nagar, Mohali and the Family Court preferably, if possible, shall adjourn both the cases i.e. divorce petition as well as Guardianship Petition, for the same date, while taking into consideration the convenience of the respondent also, who has to travel a distance of about 300 kms, to pursue the said litigation. Even, the parties are directed to appear before the Family Court, SAS Nagar, Mohali, within a period of one month from today onwards.

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			(ARCHANA PURI)
11.02.2025			JUDGE
��
	Whether speaking/reasoned	:	Yes
	Whether reportable	:	Yes/No

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Sonu 2025.02.11 16:03 I attest to the accuracy and authenticity of this document P&HHC

Reena Singla v. Pankaj Kumar Bansal

Case brief

What is this about?

What did the court decide?

Reena Singla v. Pankaj Kumar Bansal

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

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