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Judgment
HARKESH MANUJA J. (Oral)
The applicant-wife, by way of present application, seeks transfer of petition bearing No.HMA/3056/2025 (Annexure P-1), titled “Amandeep Singh Anand vs. Tarandeep Kaur”, filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as “1955 Act”) at the instance of respondent-husband; from the Court of learned Additional Principal Judge, Family Court, Ludhiana to the competent Court of jurisdiction at Amloh, District Fatehgarh Sahib.
Briefly stating, the marriage between the applicant and respondent was solemnized on 30.09.20225; on account of matrimonial discord between the parties, the above mentioned petition under Section 13 of the 1955 Act, came to be preferred at the instance of respondent-husband. Thereupon, the present application seeking transfer thereof came to be filed by the applicant-wife.
Learned counsel for the applicant submits that the applicant is residing at her parental house at Fatehgarh Sahib. Accordingly, a prayer is made for transfer of the above mentioned petition filed at the instance of respondent-husband from Family Court, Ludhiana to Family Court, Amloh, District Fatehgarh Sahib.
On the other hand, learned counsel representing the respondent filed reply to the transfer application and vehemently opposed the prayer made on behalf of the applicant.
I have heard learned counsel for the parties and gone through the paper-book.
In the present case, admittedly, the applicant-wife has filed petition bearing MNT/125/58/2025, under Section 144 BNSS, for grant of maintenance before the competent Court of jurisdiction at Amloh, District Fatehgarh Sahib.
As per the averments made in the present transfer application, the applicant-wife has no independent source of income and is solely dependent at the mercy of her parents, who are residing at Fatehgarh Sahib.
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:-
“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.
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.
5.Therefore, H.M.A. Case No.71/2016 is transferred from Family Court, Indore to the Family Court, Bhopal.”
Considering the aforesaid facts and circumstances, in the humble opinion of this Court, since a petition under Section 144 BNSS for grant of maintenance is pending adjudication at Amloh, District Fatehgarh Sahib, 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 13 of the 1955 Act, titled “Amandeep Singh Anand vs. Tarandeep Kaur”, filed by the respondent-husband, stands transferred from the Family Court, Ludhiana, to the Family Court of competent jurisdiction at Amloh, District Fatehgarh Sahib. The requisite record of the aforesaid case be sent by the Family Court, Ludhiana to the Court concerned.
Pending miscellaneous application(s), if any, shall also stand disposed off.