Tejinder Pal Kaur Vs Prabhjot Singh — Maintenance and Alimony | Punjab & Haryana HC (2025)

Tejinder Pal Kaur Vs Prabhjot Singh — Maintenance and Alimony | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer of the husband's divorce petition under Section 13 of the Hindu Marriage Act (HMA/1064/2023) from the Family Court, Ludhiana to the Court of competent jurisdiction at Moga; record to be transmitted to the District and Sessions Judge, Moga for assignment to the Family Court, Moga; parties directed to appear before the Family Court, Moga within one month.

Issue for consideration

Whether the petition under Section 13 of the Hindu Marriage Act (HMA/1064/2023, 'Prabhjot Singh Vs. Tejinder Pal Kaur') pending in the Family Court, Ludhiana should be transferred to the Court of competent jurisdiction at Moga, having regard to the preference given to the convenience of the wife in matrimonial transfer applications and the pendency of the other related cases arising from the same matrimonial dispute before the Courts at Moga.

Court's answer

The transfer application is allowed: the petition under Section 13 of the Hindu Marriage Act (HMA/1064/2023, titled 'Prabhjot Singh Vs. Tejinder Pal Kaur') stands transferred from the Family Court, Ludhiana to the Court of competent jurisdiction at Moga.

Ratio / Principle

Basis for allowing the transfer: the position of law giving preference to the convenience of the wife in matrimonial transfer applications; the fact that the other three cases arising from the same matrimonial dispute are already pending before the Courts at Moga and are being pursued by the respondent himself; and the fact that the respondent's mother is available there to look after the minor son as and when the need arises.

Key takeaways

Consequential directions: the requisite record of the case be sent by the Family Court, Ludhiana to the District and Sessions Judge, Moga, who shall assign the petition to the Family Court, Moga; the parties are directed to appear before the Family Court, Moga within a period of one month.ratio¶28

Detailed headnote1 paragraphs

Transfer of matrimonial petition - Convenience of wife - Application by wife for transfer of her husband's divorce petition under Section 13 of the Hindu Marriage Act (HMA/1064/2023, 'Prabhjot Singh Vs. Tejinder Pal Kaur') pending before the Family Court, Ludhiana to the Court of competent jurisdiction at Moga - Held: In view of the position of law according preference to the convenience of the wife in transfer applications relating to matrimonial disputes, more particularly because the other three cases arising from the same matrimonial dispute (petitions under Section 125 Cr.P.C, under the Protection of Women from Domestic Violence Act, and a guardianship petition) were already pending before the Courts at Moga and were being pursued by the respondent-husband, and the respondent's mother was available at Moga to look after the minor son as and when the need arose, the transfer application was allowed and the divorce petition stood transferred from the Family Court, Ludhiana to the Court of competent jurisdiction at Moga - Family Court, Ludhiana to send the requisite record to the District and Sessions Judge, Moga, who shall assign the petition to the Family Court, Moga - Parties directed to appear before the Family Court, Moga within one month (Punjab and Haryana High Court, Archana Puri, J., oral, 09.04.2025).

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TA-327-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.109

TA-327-2024 Date of Decision: 09.04.2025

TEJINDER PAL KAUR

....Applicant

Versus

PRABHJOT SINGH

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. Ashish Gupta and Mr. Varun Gupta, Advocates for the applicant.

Mr. Praagbir Singh Dhindsa, Advocate for the respondent.

ARCHANA PURI, J. (Oral)

The applicant-wife has filed the present application for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. HMA/1064/2023, titled ‘Prabhjot Singh Vs. Tejinder Pal Kaur’, filed by the respondent-husband, pending in the Family Court, Ludhiana and she seeks transfer of the same to the Court of competent jurisdiction at Moga.

Upon notice, the respondent made appearance through counsel and filed reply.

The counsel for the parties heard.

At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 11.03.2015. One son born from the said wedlock, who is about 7 years old, is in the care and custody of the respondent-husband. On account of the matrimonial dispute, the parties are residing separate. The applicant has Sonu filed the petition under Section 125 Cr.P.C, the petition under the Protection 2025.04.09 12:49 I agree to specified portions of this document P&HHC

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TA-327-2024

of Women from Domestic Violence Act, as well as the guardianship petition, which all are pending in the Courts at Moga and the respondent is making appearance in all these cases. Also, it is submitted that the applicant is not having any source of earning and is dependent upon her parental family.

On the contrary, the counsel for the respondent, while making reference to the reply filed, submits that the respondent is staying with his widow mother, as well as the minor child, who is about 7 years old. As such, he has to take care of the minor son as well. Besides the same, the applicant is a resident of village Ajitwal, which is nearer to Jagraon, as compared to the Courts at Moga. Thus, a submission has been made for transfer of the divorce petition, if necessity be, to the Courts at Jagraon, which is sub-division of Ludhiana.

In view of the submissions aforesaid, considering the position of law about preference given to the convenience of the wife in the transfer applications relating to the matrimonial disputes, more particularly, when the other three cases arising from the matrimonial dispute are already pending in the Courts at Moga, which are being pursued by the respondent and also taking into consideration the fact about the mother of the respondent being there to look after the minor son, as and when the need arises, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/1064/2023, titled ‘Prabhjot Singh Vs. Tejinder Pal Kaur’ , stands transferred from the Family Court, Ludhiana, to the Court of competent jurisdiction at Moga. The requisite record of the aforesaid case be sent by the Family Court, Ludhiana, to the District and Sessions Judge, Moga.

Sonu 2025.04.09 12:49 I agree to specified portions of this document P&HHC

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TA-327-2024

Learned District and Sessions Judge, Moga, shall assign the said petition to the Family Court, Moga. Even, the parties are directed to appear before the Family Court, Moga, within a period of one month from today onwards.

09.04.2025

(ARCHANA PURI) JUDGE

Himanshu

Whether speaking/reasoned : Yes Whether reportable : Yes/No

Sonu 2025.04.09 12:49 I agree to specified portions of this document P&HHC