Inderjeet Kaur @ Inderjit Kaur v. Satnam Singh And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Sr. No.112 (2 cases) Date of Decision: 09.04.2026 1.
TA-1018-2025 INDERJEET KAUR @ INDERJIT KAUR ....Applicant
Versus
SATNAM SINGH AND OTHERS .....Respondents 2.
TA-1027-2025 INDERJEET KAUR @ INDERJIT KAUR ....Applicant
Versus
DALBARA SINGH @ DARBARA SINGH AND OTHERS .....Respondents
CORAM:
HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. O.S. Batalvi and Mr. D.S. Batalvi, Advocates for the applicant (in both the cases).
Mr. Kanwaljit Singh, Advocate for respondents No.1 and 2 (only contesting respondents) (in both the cases).
Service of proforma respondents No.3 and 4 dispensed with (in TA-1018-2025) vide order dated 08.09.2025.
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ARCHANA PURI, J. (Oral) These are two transfer applications, filed at the instance of the applicant-Inderjeet Kaur @ Inderjit Kaur, for seeking transfer of three civil suits, pending between the parties to the lis. TA-1018-2025 has been filed for seeking transfer of the civil suits i.e. CS/231/2022, titled 'Satnam Singh Vs. Inderjit Kaur and others', as well as, CS/715/2023, titled 'Inderjit Kaur and another Vs. Satnam Singh and another'.
TA-1027-2025 is qua transfer of the civil suit i.e. CS/155/2022, titled 'Darbara Singh Vs. Harwinder Singh and others'. All the aforesaid cases are pending in the Courts at Nabha, District Patiala and the applicant is seeking transfer of the same to the Court of competent jurisdiction at Sangrur.
In pursuance of the notice issued, respondents No.1 and 2, who are the only contesting respondents in both the applications, made appearance through counsel. Reply was filed in TA-1018-2025. However, qua the other application i.e. TA-1027-2025, counsel has made a separate statement today that reply already filed in TA-1018-2025, be considered as contentions on behalf of the contesting respondents in the said case also. Counsel for the parties heard.
At the very outset, it is submitted by the counsel for the applicant that the marriage of the applicant-Inderjeet Kaur @ Inderjit Kaur had taken place with Satnam Singh, on 01.02.2020. However, it was the second marriage of both the parties. The applicant is having one sonKiratjot Singh, from her first marriage, who was also living with her in her
second matrimonial home. Further, it is submitted that said son was adopted by Satnam Singh, vide adoption deed dated 11.03.2020. However, matrimonial dispute arose between both of them, as a result whereof, they are now residing separate. Though, it is not specifically mentioned in the application about the applicant to be a working woman or not, but however, on query, it is submitted that she is not working and as such, has no source of earning. She is dependent upon her parental family. On account of this broken marriage, the litigation was initiated by both the sides. It is submitted by the counsel that the applicant had got lodged an FIR bearing No.4 dated 03.09.
2022, under Sections 323, 34, 406, 498-A, at Women Police Station, Sangrur, wherein challan has since been presented and Satnam Singh-husband is facing trial in the Courts at Sangrur. Besides the same, the applicant had also filed the petition under the Protection of Women from Domestic Violence Act i.e. COMA/72/2023, which is also pending in the Courts at Sangrur and the respondent is making appearance in the same. Also further, it is submitted that earlier, the applicant had filed the maintenance petition, which has since been decided and now, the execution relating to the same i.e. CRM/257/2025, has been filed by the applicant to seek recovery of arrears of maintenance and the same is pending in the Courts at Sangrur and the respondent is making appearance in the said case as well.
Also, counsel has brought to the notice of this Court that FIR bearing No.242 dated 12.09.2021, under Sections 323, 341, 452, 506, 148 and 149 IPC, got lodged at the instance of the respondent(s), against the applicant and her family members, at Police Station Sadar Nabha, District
Patiala and the applicant is facing trial in the said case in the Courts at Nabha. Besides the same, the applicant had also filed a complaint i.e. COMI/18/2024, which is also pending in the Courts at Nabha. On query by the Court, it is submitted that the applicant has filed the transfer petition, for seeking transfer of COMI/18/2024, which is pending adjudication before the Coordinate Bench. Besides the aforesaid, counsel for the applicant submits that three suits are pending in the Courts at Nabha, which are sought to be transferred, on account of the applicant taking care of the son, who is about 9 years old. It is submitted that while looking after the said child, it is difficult for the applicant to pursue the multiple litigation, thrusted upon her.
On the other hand, counsel for the contesting respondents, while making reference to the reply, submits that there are as many as six cases, pending in the Courts at Nabha and the applicant has chosen to seek transfer, in the case in question only, which is a civil litigation, wherein her presence is not required on each and every date of hearing. Rather, she is already facing trial in the criminal case, relating to FIR bearing No.242, as detailed aforesaid. As such, counsel submits that if the applicant is able to pursue the criminal litigation, then there should not be any difficulty faced by her, even if the civil litigation remains pending, as it is, in the Courts at Nabha. Further also, counsel for the respondents submits that there is no child born from the wedlock of the parties.
In fact, the child in the custody of the applicant, was born from the first marriage of the applicant. Also, it is submitted that the distance is only 35 kms., which is not such, which causes inconvenience to the applicant, to pursue the litigation, pending at Nabha.
In view of the submissions aforesaid, it is pertinent to mention that on account of matrimonial dispute between the applicant and her husband-Satnam Singh, there is multiple litigation pending between the parties. By virtue of the present applications, the applicant is seeking transfer of three civil suits. Two civil suits i.e. CS/231/2022 and CS/155/2022, relate to the year 2022, whereas another civil suit i.e. CS/715/2023, relates to the 2023. The said cases are pending in the Courts at Nabha, for more than a couple of years now. The transfer applications in hand were filed in the year 2025. No reason, as such, is assigned for there being delay in filing the applications.
Besides the aforesaid, it is also pertinent to mention that the applicant is already facing trial in one criminal case, got registered by the respondent(s), at Nabha. In the criminal case, the applicant is required to make appearance, on each and every date of hearing. Rather, it causes more inconvenience (if any), as compared to the civil litigation. On query by this Court, it is disclosed that the child, who is in the custody of the applicant, is 9 years old. Also, on query, it is submitted that the applicant is living with her parental family. As such, the child is not of such an age, which requires the physical presence of the mother all the time. Also, the applicant is facing trial in a criminal case, at Nabha, relating to which no application for seeking transfer has been filed by her. Therefore, it is evident that there is multiple litigation between the parties and the applicant is making pick and choose of seeking transfer of the cases. No doubt, the Courts are to give priority to the convenience of the wife, while adjudicating on the transfer application relating to the
matrimonial dispute and the civil suits, which are offshoot of this dispute only, but however, the other circumstances spelt out ought to be taken into consideration.
In view of the aforesaid fact situation, more particularly, when the criminal case is being pursued by the applicant, relating to which she is remaining silent, no case is made out for accepting the transfer applications. Hence, both the transfer applications are hereby dismissed. But anyhow, to make balance of convenience of both the applicant, as well as the respondents, in pursuing the pending litigation, it is hereby ordered that the applicant-Inderjeet Kaur @ Inderjit Kaur, has an option to file an application before the District Judge, Patiala, thereby seeking transfer of the pending litigation, relating to the broken status of marriage, in one and the same Court. If any such application is filed, the District Judge shall consider the same, in the fitness of circumstances. In case, the application so filed is allowed by the District Judge, the Court concerned, where the cases should be transferred, shall make an endeavour to adjourn all the cases, preferably for one and the same date. (ARCHANA PURI) 09.04.2026 JUDGE Himanshu Vats Whether speaking/reasoned :
Yes Whether reportable :
Yes/No