Harmanpreet Kaur Vs Lovepreet Singh

Prayer in this petition filed b y petitioner is for transfer of the petiti o n bearing No.GW/134/2025 d a ted 05.8.2025 (Annexure P- 1) as wel l as petition filed under Section 9 of the Hindu Marriage Act, 1955 fil e d by the respondent titled as “Lovepreet Singh vs. Harmanp r eet Kaur” bearing case No.HMA/1679/2025 dated 09.7.202 5 (Annexure P-2) pending befo r e the Court of learned Addl. Principal Judge, Family Court, Ludhian a to the Court of competent jurisdicti o n at Moga.

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Though notice has been ser v ed upon the respondent but as no on e appeared on his behalf desp i te service, the co-ordinate Bench o f this Court, vide order dated 29.4.2026 proceeded him

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Transfer Application No.230 of 20 2 6 (O & M) 2

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against e x -parte Accordingly, this petiti o n is being decided in his absence.

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Respondent has filed the above petition bearing GW/134/ 2 025 dated 05.8.2025 (Annexur e P-1) under Sections 7 and 8 of the G uardian and Wards Act, titl e d as “Lovepreet Singh vs. Harmanp r eet Kaur and another” seekin g custody of the minor son, namely, S arbaz Singh, who is currently r esiding with the petitioner at

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Moga.

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Learned counsel for the petitio n er, inter alia, submits that: i) that the parties solem n ized marriage on 24.5.2020 as per sikh Rites.

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ii) that out of the said w edlock, two sons, namely, Gurbaz Singh and S arbaz Singh were born on 28.2.2021 and 17.7.2023 respectively. Since11.3.2025 the p arties are living separately and the elder son, n a mely, Gurbaz Singh, whose date of birth is 28. 2 .2021, is in the care and custody of responde n t-husband and the younger son, namely, Sarbaz S ingh, whose date of birth is 17.7.2023, is in th e care and custody of the petitioner-wife, sinc e then. The petitioner-wife alongwith younger so n is living with her parents at Moga.

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iii) That the petitioner is unemployed, having no source of income an d totally dependent upon her parents and the respo n dent-husband is not paying anything to her t owards maintenance, and therefore, she cannot bear the expenses of travelling from Mog a to Ludhiana and that too leaving behind the yo u nger son.

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Transfer Application No.230 of 20 2 6 (O & M) 3

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iv) that the distance bet w een the place of residence and place of proceedi n gs is approximately 70 kms. (one side).

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v) that as per Section 9 of the Guardian and Wards Act, 1890, responde n t has to file the petition for custody of the min o r son where he ordinarily resides i.e. Moga.

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vi) That there is no pro f icient male member in the family of petitioner- w ife who can accompany her to the Court of procee d ings at Ludhiana.

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vii) Moreover, a petition filed by the applicant under Section 13 of the Hi n du Marriage Act is already pending at Family Co u rt, Moga.

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1. I have heard learned counsel for the petitioner.

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The legal position in such li k e cases as the present one, is well esta b lished. As per Section 9 of t h e Guardian and Wards Act, 1890, pet i tion for custody is required to b e filed where the minor child ordinaril y resides. In the present cas e , minor son is admittedly residing w ith petitioner-wife at Moga.

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Besides the facts as noti c ed hereinabove, the legal position i n such like cases as the presen t one, is well established. In this rega r d, judgment of the Hon’ble S upreme Court rendered in N.C.V. Aishwarya vs A.S. Saravana Karthik Sha,” 2022 Live Law (SC) 627 , wherein the Hon’ble Supreme C ourt has held as under:-

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“9. The cardinal principle for exercise of power under section 24 of the Code of Civil P r ocedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonia l matters, wherever Courts are called upon to consider the p lea of transfer, the Courts have to take into consideration t h e economic soundness of both the parties, the social strat a of the spouses and their behavioural pattern, their stan d ard of life prior to the marriage and subsequent thereto and the circumstances of

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Transfer Application No.230 of 20 2 6 (O & M) 4

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both the parties in eking out t h eir livelihood and under whose protective umbrella t hey are seeking their sustenance to life. Given the p revailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be lo o ked at while considering transfer.

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Further, when two or more p roceedings are pending in different Courts between the s ame parties which raise common question of fact and la w , and when the decisions in the cases are interdependent , it is desirable that they should be tried together by the s ame Judge so as to avoid multiplicity in trial of the sa m e issues and conflict of decisions.”

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Further reliance can be pl a ced upon the judgments in

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“Sumita Singh vs Kumar Sanjay”, 2002 SC 396 and “Rajani Kishor Pardeshivs Kishor Babulal Pardeshi”, 2005(12) SCC 237 , wherein the Hon’ble Supreme Court has observed that “while deciding t he transfer application, the Co u rts are required to give more weightag e and consideration to the c onvenience of the female litigants a nd transfer of legal proceedings from one Court to another should o rdinarily be allowed, takin g into consideration their convenie n ce and the Courts should d esist from putting female litigants u nder undue hardships.”

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Even this Court in numbe r of cases has followed the aforesaid principle of law. Accordingly, it is well settled that while consideri n g the transfer of a matrimonial dispute/case, at the instance of the wi f e, the Court is to consider the f amily condition of the wife, the custo d y of the minor child, econom i c condition of the wife, her physical health and earning capacity of the husband and most importan t the convenience of the wife i.e. she cannot travel alone without a ssistance of a male member o f her family, connectivity of

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Transfer Application No.230 of 20 2 6 (O & M) 5

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the place to and fro from her place of re s idence as well as bearing of the litiga t ion charges and travelling expe n ses. 9. In view of the judgments i.e. Sumita Singh’s case (supra), Rajani Kishor Pardeshi’s case (supra) and N.C.V. Aishwarya’s case (supra) passed by the H on’ble Supreme Court, this Court de e ms it appropriate to allow the p r esent petition, subject to the followin g conditions:-

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a) The petition filed b y respondent husband under Section 9 of the Hind u Marriage Act, bearing No. HMA/1679/2025 dated 09.7.2025 (Annexure P-2) titled as “Lovepreet S i ngh vs. Harmanpreet Kaur”, pending in the Cour t of Addl. Principal Judge, Family Court, Ludhi a na is transferred to a Court of competent jurisdict i on at Moga. AND The petition bear i ng GW/134/2025 dated 05.8.2025 (Annexure P-1) under Sections 7 and 8 of the Guardian a n d Wards Act, titled as “Lovepreet Singh v s . Harmanpreet Kaur and another” pending in the Court of learned Addl. Principal Judge, F a mily Court, Ludhiana is transferred to a Court of competent jurisdiction at Moga.

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b) The ld. District Jud g e, Ludhiana is directed to transfer complete r ecord pertaining to the aforesaid cases to Dis t rict Judge, Moga. c) The parties are dir e cted to appear before the District & Sessions Judge, Moga on 15.6.2026. d) The District Judge, M oga will assign the said petitions to the Court o f competent jurisdiction. 10. The concerned Court at M o ga will make all endeavour

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to refer t h e cases before the Mediation and Conciliation Centre for

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Transfer Application No.230 of 20 2 6 (O & M) 6

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explorin g the possibility of some amic a ble settlement between the parties.

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The Court concerned, wher e the litigations are pending between the parties, will accommodate them with one date in one calendar m onth.

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I am supported by the decisions rendered by a Coordinate B ench of this Court in TA No. 1315/2022, Rohini Arora v Nitin Talwar; TA No. 1322 of 2022, Jaswinder Kaur v Gurvinderjeet Singh ; and TA No. 1323 of 2022, Usha Rani v Karmajit Singh. 14. Disposed of.

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Pending application(s), if an y , stands disposed of.

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May 12, 2 026 ( NIDHI GUPTA ) Vijay Asija JUDGE

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Whether sp e aking/reasoned Yes / No Whether Re p ortable Yes / No

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Harmanpreet Kaur v. Lovepreet Singh

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Harmanpreet Kaur v. Lovepreet Singh

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