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High Court of Punjab and HaryanaTA/1535/2024allowed

Simranjeet Kaur v. Satnam Singh

2025-12-03Mrs. Justice Archana Puri4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.224 Date of Decision: 03.12.2025 1.

TA-1535-2024 SIMRANJEET KAUR ....Applicant

Versus

SATNAM SINGH AND OTHERS .....Respondent 2.

TA-625-2024 (O&M) SIMRANJEET KAUR ....Applicant

Versus

SATNAM SINGH .....Respondents

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Hitesh Verma, Advocate for the applicant (in both the cases).

Mr. Kuldeep Singh, Advocate for contesting respondent No.1. (in both the cases).

Mr. Subhash Kumar, Advocate for respondents No. 2 and 3. (in TA-1535-2024).

***** ARCHANA PURI, J. (Oral) CM-8683-CII-2024 IN TA-625-2024 Keeping in view the averments made in the application, same is allowed.

Main cases These are two applications, filed by Simranjeet Kaurapplicant/wife, for seeking transfer of the litigation, pending between the parties to the lis.

TA-1535-2024 has been filed by the applicant for seeking transfer of the civil suit i.e. CS/4503/2024, titled 'Satnam Singh Vs. Simranjeet Kaur and others', filed by the respondent-husband. TA-625-2024 has been filed by the applicant for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. DMC/133/2024, titled 'Satnam Singh Vs. Simranjeet Kaur', filed by the respondent-husband.

Both the aforesaid cases are pending in the Courts at Jalandhar and the applicant is seeking transfer of the same to the Court of competent jurisdiction at Barnala.

In pursuance of the notice issued, contesting respondent in both the applications made appearance through counsel and filed replies in the respective applications.

Counsel for the parties heard.

For the convenience of the discussion, the facts shall be referred to, as pleaded in TA-625-2024.

It is submitted by the counsel for the applicant that the marriage between the parties, had taken place on 26.06.2022. One daughter born from the said wedlock, who is about 2 years old, is in the care and custody of the applicant. The applicant is not having any source of earning and as such, is dependent upon her parental family. Even, she has filed the petition for seeking maintenance, which is pending in the Courts at Barnala and the respondent is pursuing the said litigation. The distance between the two places is stated to be about 140 kms.

On the other hand, counsel for the respondent, while making reference to the reply filed in TA-625-2024 and the annexures annexed

thereto, submits that the applicant herself is not inclined to live in the matrimonial house, which is so visible from the photographs, which depict about his brother forcibly making her to stay in the matrimonial house. In the given circumstances, it is submitted that the transfer applications have been filed for causing harassment to the respondent. In view of the submissions aforesaid, it is necessary to note that even though, much emphasis has been laid on the photographs depicting the applicant/wife, but however, it is difficult, at this stage, to conclude about the manner, in which the photographs were clicked and also, the purpose behind the said photographs of coming to the matrimonial house.

Though, they are stated to be the pictures derived from CCTV camera recording, but however, the authenticity and genuineness of the same and the context, in which the brother and sister are allegedly present, can only be adjudicated, after evidence is adduced by the parties, before the court concerned. This Court, while dealing with the transfer roster, cannot comment upon the said photographs.

In any case, considering the applicant to be not having any source of earning, more particularly, while she is taking care of the minor child born from the wedlock of the parties, as well as considering the fact of other litigation i.e. the maintenance petition, already pending in the Courts at Barnala, which is being pursued by the respondent, both the transfer applications i.e. TA-1535-2024 and TA-625-2024, are allowed and the civil suit i.e. CS/4503/2024, titled 'Satnam Singh Vs. Simranjeet Kaur and others', as well as the petition under Section 13 of the Hindu Marriage Act i.e. DMC/133/2024, titled 'Satnam Singh Vs. Simranjeet Kaur', filed by the respondent-husband, stand transferred from the Courts at Jalandhar, to the

Court of competent jurisdiction at Barnala. The requisite records of the aforesaid cases be sent by the Courts concerned, to the District and Sessions Judge, Barnala.

Learned District and Sessions Judge, Barnala, shall assign the said petition to the Court of competent jurisdiction at Barnala. Even, the parties are directed to appear before the concerned Court, within a period of one month from today onwards.

(ARCHANA PURI) 03.12.2025 JUDGE Sonu Saini Whether speaking/reasoned :

Yes Whether reportable :

Yes/No