Sandeep Kaur Vs Gubinder Singh — Maintenance and Alimony | Punjab & Haryana HC (2026)

Sandeep Kaur Vs Gubinder Singh — Maintenance and Alimony | Punjab & Haryana HC (2026)

What the court decided

AI extract

Outcome

Transfer of petition No. GW/65/2025 ('Gubinder Singh vs. Sandeep Kaur') from the Family Court, Bathinda, Camp Court at Phul to the Family Court, Patiala, Camp Court at Nabha; District Judge, Bathinda to send the complete record to District Judge, Patiala; parties to appear before District Judge, Patiala on 19.06.2026; District Judge, Patiala to assign the petition to a court of competent jurisdiction; one date in one calendar month before the court concerned.

Issue for consideration

Whether the petition No. GW/65/2025 filed by the respondent-husband under Section 25 of the Guardian and Wards Act 1890, pending before the Family Court, Bathinda (Camp Court at Phul), ought to be transferred to the Family Court, Patiala (Camp Court at Nabha).

Court's answer

As per Section 9 of the Guardian and Wards Act 1890, a petition for custody of a minor is required to be filed where the minor child ordinarily resides.

Ratio / Principle

In the present case, the minor daughter is admittedly residing with the petitioner at Nabha.

Key takeaways

After going through the entire paper-book, this Court deemed it appropriate to allow the present petition, subject to conditions.ratio¶24
Petition No. GW/65/2025 pending before the Family Court, Bathinda (Camp Court at Phul) is transferred to a Court of competent jurisdiction, i.e. the Family Court, Patiala (Camp Court at Nabha).ratio¶25
The learned District Judge, Bathinda is directed to transfer the complete record pertaining to the case to the District Judge, Patiala.

Detailed headnote1 paragraphs

Transfer petition allowed (P&H HC, Nidhi Gupta J., 18.05.2026). Wife-petitioner, residing at Nabha (District Patiala) with the minor daughter born of the marriage (27.08.2022) and having no independent income, sought transfer of the husband's custody petition under Section 25 of the Guardian and Wards Act 1890 (No. GW/65/2025, 'Gubinder Singh vs. Sandeep Kaur') pending before the Family Court, Bathinda, Camp Court at Phul — about 115 km away — to the Family Court, Patiala, Camp Court at Nabha, where her maintenance case under Section 144 BNSS 2023 (Section 125 Cr.P.C.), No. MNT125/75/2024, was already pending. Held: as per Section 9 of the Act, a petition for custody is required to be filed where the minor child ordinarily resides, and the minor daughter is admittedly residing with the petitioner at Nabha. Accordingly, the petition was transferred to the Family Court, Patiala (Camp Court at Nabha); the District Judge, Bathinda was directed to transfer the complete record to the District Judge, Patiala; the parties were directed to appear before the District Judge, Patiala on 19.06.2026; the petition was to be assigned to a court of competent jurisdiction; and the court seized of the litigation was to accommodate the parties with one date in one calendar month. The petition stands disposed of in the above terms.

TA-146-2026 -1-

IN THE H I GH COURT OF PUNJAB AND H ARYANA AT CHANDIGARH

141-A TA-146-2026

Dat e of Decision: 18.05.2026

Sandeep K aur .…Petitioner

Versus

Gubinder S ingh

.... Respondent

CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

Present: - Mr. Rahul Garg, Advocate fo r the petitioner.

Mr. Mayur Singla, Advocate f or the respondent.

NIDHI GUPTA, J. (ORAL)

By way of filing the present p etition, the petitioner-wife is seeking tr a nsfer of petition filed by resp o ndent-husband under Section 25 of the G uardian and Wards Act 1890 (for short-‘the Act’) bearing No. GW/6 5 /2025 (Annexure P-1) titled as ‘Gubinder Singh vs. Sandeep Kaur’ pen d ing before the learned Family C ourt, Bathinda, Camp Court at Phul to a Court of competent jurisdiction i.e. Family Court, Patiala, Camp Cou r t at Nabha.

Learned counsel for the petiti o ner , inter alia, submits that:-

i) The parties were marri e d on 28.11.2021 as per Sikh Rites and Ceremonies.

ii) One girl child was b o rn out the said wedlock on 27.08.2022; and prese n tly, she is in the care and custody of the petitione r -mother.

iii) Due to matrimonial dis c ord the parties are now living separately.

iv) The petitioner has no s ource of income and is fully dependent upon her par e nts.

RISHU KATARIA 2026.05.21 09:11 I attest to the accuracy and authenticity of this order/judgment.

TA-146-2026 -2-

v) One case filed by the p e titioner under Section 144 of the BNSS, 2023 (Sect i on 125 Cr.P.C.) bearing No. MNT125/75/2024 (An n exure P-3) titled as ‘Sandeep Kuar and another vs. Gubinder Singh’, is pending adjudication before the learned Family Court, Patiala Camp Court at Nabha.

vi) The distance between the place of residence of the petitioner at Nabha, District Patiala and place of proceedings at Phul, D istrict Bhatinda is about 115 kilometers on one sid e . As such, it is difficult for her to undertake frequent t ravel for the case from Nabha to Phul along with mi n or girl child.

I have heard learned counsel f or the parties.

The legal position in such li k e cases as the present one, is well estab l ished. As per Section 9 of t h e Act, petition for custody is required to be filed where the minor child o rdinarily resides. In the present case, minor daughter is admittedly residi n g with the petitioner at Nabha. 5. After going through the entir e paper-book, this Court deems it appropr i ate to allow the present peti t ion, subject to the following conditions : -

a) The petition bearing N o . GW/65/2025 (Annexure P-1) titled as ‘Gubinder Si n gh vs. Sandeep Kaur’ pending before the learned F a mily Court, Bathinda, Camp Court at Phul is trans f erred to a Court of competent jurisdiction i.e. Family Court, Patiala, Camp Court at Nabha.

b) The learned District J u dge, Bathinda is directed to transfer complete reco r d pertaining to the aforesaid case to District Judge, P atiala.

c) The parties are directe d to appear before the District Judge, Patiala on 19.06.2026.

d) The District Judge, P atiala will assign the said petition to the Court of c ompetent jurisdiction.

RISHU KATARIA 2026.05.21 09:11 I attest to the accuracy and authenticity of this order/judgment.

TA-146-2026 -3-

The Court concerned, wh e re the litigation is pending between t h e parties, will accommodate them with one date in one calendar m onth.

The present petition stands disposed of, in the above terms.

Pending application(s), if any , shall also stand disposed of.

18.05.2026 ( NIDHI GUPTA ) rishu JUDGE

Whether speaking/reasoned Yes/No

Whether Reportable Yes/No

RISHU KATARIA 2026.05.21 09:11 I attest to the accuracy and authenticity of this order/judgment.