Priyanka Alias Priyanka Katara Vs Krishan Kant Katara

The applicant-wife, by way of present application, seeks transfer of petition filed under Section 9 of the Hindu Marriage Act, 1955 (hereinafter to be referred as “1955 Act”), titled as “Krishan Kant Katara vs. Priyanka”, at the instance of respondent-husband; from the Court of learned Additional Principal Judge, Family Court-I, Jalandhar to the competent Court of jurisdiction at Ferozepur.

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Briefly stating, the marriage between the applicant and respondent was solemnized on 09.12.2012; out of their wedlock, two children namely, Yashika Katara and Abhay Katara were born and out of them, girl child is residing with her mother, whereas, boy child is residing with his father; on account of matrimonial discord between the parties, the above mentioned petition under Section 9 of the 1955 Act, came to be preferred at the instance

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SONIKA 2026.07.16 18:09 I attest to the accuracy and authenticity of this document

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TA-1493-2025 (O&M)

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of respondent-husband. Thereupon, the present application seeking transfer thereof came to be filed by the applicant-wife.

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Learned counsel for the applicant, inter alia , contends that the applicant-wife has also filed the following four petitions before the ld. Family Court, Ferozepur:-

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(i) petition bearing No.MNT/125/43/2025 under Section 144 BNSS, for grant of maintenance; (ii) complaint bearing No.COMA/51/2025, under Sections 12 read with Sections 17, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 (for short, “DV Act”);

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(iii) Complaint bearing No.COMI/112/2025, under Section 85/316 75/115 of BNS;

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(iv) petition bearing No.GW-15/2025 under Section 25 of the Guardian & Wards Act, 1890 (for brevity, “1890 Act”).

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It is submitted that the applicant is residing alongwith her daughter

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at her parental home at Ferozepur. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of respondent-husband from the ld. Additional Principal Judge, Family Court-I, Jalandhar to the competent Court of Jurisdiction at Ferozepur.

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I have heard learned counsel for the applicant and gone through the paper-book.

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In the present case, admittedly, the applicant-wife has filed the aforementioned cases, which are pending adjudication before the learned Family Court at Ferozepur.

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As per the averments made in the present transfer application, the applicant-wife has no independent source of income and is solely dependent

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on her parents/family members. Besides it, the applicant is also taking care SONIKA 2026.07.16 18:09 I attest to the accuracy and authenticity of this document

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TA-1493-2025 (O&M)

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of her minor daughter.

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Furthermore, the Hon’ble Supreme Court in its decision rendered in “ Manjula Singh Chouhan Versus Vishal Singh Chouhan”, reported as 2019 (13) SCC 660 held that, in the interest of both the parties, all connected matrimonial proceedings should ordinarily be heard by the same Court and, accordingly, allowed the transfer application therein. Relevant paragraphs No. 3 to 5 thereof are reproduced hereunder:-

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“3. As per the submission of the appellant, two cases are already pending in Family Court, Bhopal, and it will be in the interests of both the parties to try all their cases in Bhopal. Learned counsel for the respondent however, submits that it will suit to the appellant only, therefore, transfer may not be permitted. The fact remains that the respondent has to travel to Bhopal for conduct of other cases pending in Family Court, Bhopal.

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4. We are of the view that it will be in the interests of both the parties that all their cases be heard together by the same Court.

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5. Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal.”

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Considering the aforesaid facts and circumstances, in the humble opinion of this Court, since petition bearing No.MNT/125/43/2025 under Section 144 BNSS, for grant of maintenance, complaint bearing No.COMA/51/2025, under Sections 12 read with Sections 17, 18, 19, 20 and 22 of DV Act, complaint bearing No.COMI/112/2025, under Section 85/316 75/115 of BNS and a petition bearing No.GW-15/2025 under Section 25 of the 1890 Act , are pending adjudication at Ferozepur, therefore, it would be in the interest of both the parties that all their cases be heard together at the same place. Consequently the transfer application is allowed and the petition under Section 9 of the 1955 Act, titled as “Krishan Kant Katara vs. Priyanka” , filed by the respondent-husband, stands transferred from the

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Court of ld. Additional Principal Judge, Family Court-I, Jalandhar to the SONIKA 2026.07.16 18:09 I attest to the accuracy and authenticity of this document

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TA-1493-2025 (O&M)

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Family Court, Ferozepur. The requisite record of the aforesaid case be sent by the learned Court, Jalandhar to the Court concerned.

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