Tarneet Kaur Vs Harpreet Singh — Matrimonial and Divorce | Punjab & Haryana HC (2025)

Tarneet Kaur Vs Harpreet Singh — Matrimonial and Divorce | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer application allowed: the petition under Section 12 of the Hindu Marriage Act, titled 'Harpreet Singh Vs. Tarneet Kaur', transferred from the Family Court, Kurukshetra to the Court of competent jurisdiction at Malerkotla (spelled 'Malkerkotla' in parts of the order); record to be sent to the District and Sessions Judge for assignment to the Family Court; parties to appear before the transferee Family Court within one month; respondent at liberty to seek virtual-mode appearance.

Issue for consideration

Whether the petition under Section 12 of the Hindu Marriage Act, titled 'Harpreet Singh Vs. Tarneet Kaur', filed by the respondent-husband and pending in the Family Court, Kurukshetra, ought to be transferred to the Court of competent jurisdiction at Malkerkotla in the convenience of the parties.

Court's answer

While adjudicating a transfer application relating to a matrimonial dispute, the convenience/inconvenience of both parties must be taken into consideration and balanced.

Ratio / Principle

On the facts, the balance of convenience favours the applicant-wife: she has no source of earning and the distance is about 180 kms, whereas the respondent-husband, though posted in NCT Delhi, is a government teacher and thus better placed.

Key takeaways

The transfer application is allowed and the respondent-husband's petition under Section 12 of the Hindu Marriage Act stands transferred from the Family Court, Kurukshetra to the Court of competent jurisdiction at Malkerkotla.ratio¶26
The requisite record of the case is to be sent by the Family Court, Kurukshetra to the District and Sessions Judge, Malkerkotla, who is to assign the petition to the Family Court there.ratio¶26
The parties are directed to appear before the transferee Family Court within a period of one month.

Detailed headnote1 paragraphs

TA-464-2025, High Court of Punjab and Haryana at Chandigarh, Archana Puri, J., decided 04.12.2025 - Transfer Application (matrimonial). The applicant-wife sought transfer of her husband's petition under Section 12 of the Hindu Marriage Act, titled 'Harpreet Singh Vs. Tarneet Kaur', from the Family Court, Kurukshetra to the Court of competent jurisdiction at Malkerkotla (spelled 'Malerkotla' elsewhere in the order). Facts: marriage on 19.11.2023; applicant turned out of the matrimonial house about a month later; applicant has no source of earning; inter-place distance about 180 kms; respondent-husband is a permanent government school teacher posted under the Directorate of Education, Government of NCT, Delhi. Held: in a matrimonial transfer application the convenience/inconvenience of both sides must be weighed and balanced; the husband, a salaried government teacher, is better placed than the wife who has no source of earning, so the balance favours the wife. Application allowed; record to be sent to the District and Sessions Judge, Malkerkotla for assignment to the Family Court; parties to appear before the Family Court within one month; the Delhi-based respondent given the option to apply for virtual-mode appearance.

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TA-464-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.247

TA-464-2025 Date of Decision: 04.12.2025

TARNEET KAUR

....Applicant

Versus

HARPREET SINGH

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. Navdeep Nain, Advocate for Mr. S.K. Singla, Advocate for the applicant.

Mr. Gagandeep Kumar Tiwari, Advocate for the respondent.

ARCHANA PURI, J. (Oral)

The applicant-wife has filed the present application for seeking transfer of the petition under Section 12 of the Hindu Marriage Act, titled ‘Harpreet Singh Vs. Tarneet Kaur’, filed by the respondent-husband, pending in the Family Court, Kurukshetra and she seeks transfer of the same to the Court of competent jurisdiction at Malkerkotla.

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

Counsel for the parties heard.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 19.11.2023. After one month of the marriage, the applicant was turned out of the matrimonial house by the respondent. It is also submitted that the applicant is not having Sonu any source of earning. The distance between the two places is about 180 2025.12.05 15:49 I attest to the accuracy and authenticity of this document

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TA-464-2025

kms. and as such, it is difficult for the applicant, to defend the petition under Section 12 of the Hindu Marriage Act.

On the other hand, counsel for the respondent, while making reference to the reply filed, submits that the respondent is a permanent government school teacher and is presently posted in government school under Directorate of Education, Government of NCT, Delhi. As such, considering his place of posting, it shall be difficult for the respondent also, to pursue the petition under Section 12 of the Hindu Marriage Act, if so transferred to Malerkotla.

In view of the submissions aforesaid,

convenience/inconvenience of both the parties ought to be taken into consideration and then balancing is required to be done, while adjudicating on the transfer application relating to the matrimonial dispute. In the case in hand, the applicant is not having any source of earning. Even, the distance between the two places is about 180 kms. No doubt, as submitted that the respondent is posted in NCT, Delhi, but however, he is a government teacher and as such, he is better placed, as compared to the applicant, who is not having any source of earning.

In view of the aforesaid fact situation, the transfer application is allowed and the petition under Section 12 of the Hindu Marriage Act, titled ‘Harpreet Singh Vs. Tarneet Kaur’, filed by the respondent-husband, stands transferred from the Family Court, Kurukshetra, to the Court of competent jurisdiction at Malkerkotla. The requisite record of the aforesaid case be sent by the Family Court, Kurukshetra, to the District and Sessions Judge, Malkerkotla.

Sonu 2025.12.05 15:49 I attest to the accuracy and authenticity of this document

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TA-464-2025

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

However, considering the interest of the respondent also, who is posted in Delhi, he always has an option to file an application for making appearance before the Court concerned, as and when required, through virtual mode. Upon filing of such application, the Court concerned shall consider the same and pass an appropriate order, in the fitness of circumstances.

04.12.2025 Himanshu Vats

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

Sonu 2025.12.05 15:49 I attest to the accuracy and authenticity of this document