Dismissed¶31

Nirmaljeet Kaur v. Gurjant Singh and Another

Punjab & Haryana HC17 Sept 2025TA/428/2024

Case brief

AI extract

What is this about?

TA-428-2024; Nirmaljeet Kaur v. Gurjant Singh and another; High Court of Punjab and Haryana at Chandigarh; Justice Archana Puri (oral); decision date 17.09.2025; transfer application under Section 13 Hindu Marriage Act; transfer of divorce petition HMA/401/2023 from Family Court Tarn Taran to Ferozepur; convenience of wife is not a thumb rule; proforma respondent No.2 Gursewak Singh; respondent's divorce petition earlier in time; civil suit CS/1772/2023; police complaint and statement of Ranjit Kaur; transfer application dismissed.

What did the court decide?

Although courts time and again give preference to the convenience of the wife in transfer applications arising from matrimonial disputes, that preference is not a thumb rule; various other circumstances spelt out from the material on record ought to be taken into consideration.

Nirmaljeet Kaur Vs Gurjant Singh and Another — Matrimonial and Divorce | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the divorce petition (HMA/401/2023) filed by the respondent-husband, pending in the Family Court, Tarn Taran, should be transferred to the Court of competent jurisdiction at Ferozepur for the convenience of the applicant-wife.

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Court's answer

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Ratio / Principle

In the circumstances of the case — the applicant staying away from her parental family, whose members reside at village Patti, and residing with Gursewak Singh (proforma respondent No.2) — it is enough to conclude that the applicant is a confident woman who can take care of the litigation even if it remains pending at Tarn Taran.

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Key takeaways

Considering the aforesaid circumstances, apparently no inconvenience would be faced by the applicant while pursuing the litigation; as such, no case is made out to transfer the divorce petition.ratio¶30

Detailed headnote1 paragraphs

Transfer Application (TA-428-2024, decided orally on 17.09.2025 by Hon'ble Mrs. Justice Archana Puri, Punjab & Haryana High Court) filed by Nirmaljeet Kaur (applicant-wife) seeking transfer of the divorce petition under Section 13 of the Hindu Marriage Act (HMA/401/2023, 'Gurjant Singh Vs.Nirmaljeet Kaur and another') filed by respondent-husband Gurjant Singh, pending in the Family Court, Tarn Taran, to the Court of competent jurisdiction at Ferozepur — DISMISSED. The Court held that while preference is ordinarily given to the convenience of the wife in matrimonial transfer applications, it is not a thumb rule, and other circumstances on record must be weighed. On court query, counsel for the applicant disclosed that the applicant does no work and resides at Ferozepur with her friend Gursewak Singh (impleaded as proforma respondent No.2), away from her parents who live at village Patti; respondent No.1 alleged an illicit relationship with Gursewak Singh and relied on a police complaint and the recorded statement of the applicant's mother, Ranjit Kaur, besides pointing out that his divorce petition is much earlier in time than the applicant's own divorce petition pending at Ferozepur. Finding the applicant a confident woman capable of conducting the litigation at Tarn Taran and no inconvenience bound to be faced by her, the Court found no case for transfer and dismissed the transfer application.

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TA-428-2024

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Sr. No.233

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TA-428-2024 Date of Decision: 17.09.2025

NIRMALJEET KAUR

....Applicant

Versus

GURJANT SINGH AND ANOTHER

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.....Respondents

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CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

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Present:Mr. Madhup Munjal, Advocate for the applicant.

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Mr. Rahi Mehra, Advocate for respondent No.1 (sole contesting 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 petition under Section 13 of the Hindu Marriage Act i.e. HMA/401/2023, titled ‘Gurjant Singh Vs.Nirmaljeet Kaur and another’, filed by the respondent-husband, pending in the Family Court, Tarn Taran and she seeks transfer of the same to the Court of competent jurisdiction at Ferozepur.

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In pursuance of notice issued, respondent No.1, who is the sole contesting respondent, made appearance through counsel and filed reply. Counsel for the parties heard.

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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 02.02.2023, but no child was born from the said wedlock. However, on account of the matrimonial dispute, the parties are residing separate. Also, it Sonu is submitted that the applicant had filed the civil suit i.e. CS/1772/2023, 2025.09.18 14:07 I agree to specified portions of this document P&HHC

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TA-428-2024

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against respondent No.1. Even, she has filed the divorce petition, which is pending in the Courts at Ferozepur. Though, in the application, it is mentioned that the applicant is residing with her old-aged parents, but however, she is stated to be residing at Ferozepur.

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On query by this Court, it is submitted by the counsel for the applicant that the applicant is not doing any work and reason for residing at Ferozepur is stated that her parents are not inclined to keep her in village Patti and as such, she is residing with his friend Gursewak Singh at Ferozepur.

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On the other hand, counsel for respondent No.1, while making reference to the reply, submits that the applicant has concealed the material facts. In fact, she is having a love affair with Gursewak Singh, who has also been impleaded as proforma respondent No.2 in the present application. It is only on account of illicit relationship of the applicant, that the dispute arose between the parties. Also, the counsel submits that the complaint was filed at the instance of respondent No.1, before the police authorities and the statement of Ranjit Kaur, wife of Nirvail Singh, who is mother of the applicant, was recorded, wherein she has specifically stated that her daughter had fled away with one Gursewak Singh, son of Balkar Singh and she had not returned, till the date of recording of the said statement. In the given circumstances, it is submitted that even though, the applicant has filed the divorce petition, but the divorce petition filed by the respondent-husband is much earlier in time.

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Even though, time and again, the Courts give preference to the convenience of wife, while adjudicating on the transfer application relating to the matrimonial dispute, but however, the same is not a thumb rule.

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Sonu 2025.09.18 14:07 I agree to specified portions of this document P&HHC

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TA-428-2024

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Various other circumstances, spelt out from the material brought on record, ought to be taken into consideration. In the case in hand, the applicant is staying away from her parental family at Ferozepur. However, her parents are disclosed to be residing at Patti, which is at a distance of about 100 kilometres from Patti.

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On query by this Court, counsel for the applicant has disclosed that the applicant is not doing anything and no specific reason has been assigned about her living away from family. Also, the counsel for the applicant has disclosed that the applicant is residing with her friendGursewak Singh, who is also impleaded as proforma respondent No.2 in the present application. The said circumstances are sufficient enough, to be taken into consideration. If nothing else without prejudice to the assertions made by the respondent, it is enough to father that the applicant is a confident woman, who can take care of the litigation, even if it remains pending at Tarn Taran.

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Considering the aforesaid circumstances, apparently no inconvenience is bound to be faced by the applicant, while pursuing the litigation. As such, no case is made out to transfer the divorce petition.

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Hence, the transfer application is hereby dismissed.

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17.09.2025			(ARCHANA PURI) JUDGE
Himanshu Vats
	Whether speaking/reasoned	:	Yes
	Whether reportable	:	Yes/No

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Sonu 2025.09.18 14:07 I agree to specified portions of this document P&HHC

Nirmaljeet Kaur v. Gurjant Singh and Another

Case brief

What is this about?

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Nirmaljeet Kaur v. Gurjant Singh and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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