Smiledeep v. Amandeep Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.105 Date of Decision: 11.08.2025 SMILEDEEP ....Applicant

Versus

AMANDEEP SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Manish Prabhakar, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) Perusal of the paperbook reveals that despite service, none had made appearance on behalf of the respondent on the last three consecutive dates. Even today, none has made appearance on his behalf. As such, the respondent is proceeded against ex parte.

CM-15655-CII-2025 The present application has been filed for placing on record the detail of the pending litigation, between the parties. In view of the averments made in the application, same is allowed and the requisite documents are taken on record. Main case The applicant-wife has filed the present application for seeking

transfer of the petition under Section 9 of the Hindu Marriage Act, titled 'Amandeep Singh Vs. Smiledeep', filed by the respondent-husband, pending in the Family Court, Tarn Taran and she seeks transfer of the same to the Court of competent jurisdiction at Amritsar.

Upon notice, the respondent did not make appearance, despite service.

Counsel for the applicant heard.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 01.01.2023, but no child was born from the said wedlock. However, on account of the matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning and as such, is dependent upon her parental family. Also, she had got lodged an FIR bearing No.5 dated 02.02.2024, under Sections 406 and 498-A IPC, at Women Police Station, Amritsar. Challan has been presented in the said FIR and the respondent is facing trial, in the Courts at Amritsar. Besides the same, she has also filed the petition under the Protection of Women from Domestic Violence Act, as well as the petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which are also pending in the Courts at Amritsar and the respondent is making appearance in both the said cases.

Considering the submissions aforesaid, more particularly, considering three cases arising from the matrimonial dispute, already pending in the Courts at Amritsar, which are pursued by the respondent and also taking into consideration the fact about the respondent having not come forward to resist the application, the transfer application is allowed and the

petition under Section 9 of the Hindu Marriage Act, titled 'Amandeep Singh Vs. Smiledeep', filed by the respondent-husband, stands transferred from the Family Court, Tarn Taran, to the Court of competent jurisdiction at Amritsar. The requisite record of the aforesaid case be sent by the Family Court, Tarn Taran, to the District and Sessions Judge, Amritsar. Learned District and Sessions Judge, Amritsar, shall assign the said petition to the Family Court, Amritsar. Even, the parties are directed to appear before the Family Court, Amritsar, within a period of one month from today onwards.

(ARCHANA PURI) 11.08.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No