Simranjit Kaur v. Harjit Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.211 Date of Decision: 02.07.2025 SIMRANJIT KAUR ....Applicant

Versus

HARJIT SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. K.S. Mangat, Advocate for the applicant.

Respondent proceeded against ex parte vide order dated 03.04.2025.

***** ARCHANA PURI, J. (Oral) The applicant/daughter-in-law has filed the present application for seeking transfer of the civil suit i.e. CS/8002/2022, titled 'Harjit Singh Vs. Simranjit Kaur', filed by the respondent (father-in-law of the applicant), pending in the Courts at Ludhiana and she seeks transfer of the same to the Court of competent jurisdiction at Baba Bakala Sahib, District Amritsar. Upon notice issued, the respondent did not make appearance, despite service and as such, was proceeded against ex parte. The counsel for the applicant heard.

At the very outset, it is submitted by the counsel for the applicant that the marriage between the applicant and the son of the respondent, namely, Satinder Singh, had taken place on 07.06.2021. Unfortunately, they both are residing separate, on account of the matrimonial dispute. Satinder Singh is a permanent resident of United States of America. The applicant has filed the petition under Sections 12, 17, 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, wherein the respondent is also one of the party. The said petition is pending in the Courts at Baba Bakala Sahib and the respondent is making appearance in the same. Moreover, it is submitted that the applicant is a home-maker and is not having any source of earning. She is dependent upon her parental family.

In the given circumstances, it is submitted that it is difficult for the applicant, to commute a distance of about 120 kilometres, to defend the civil suit, filed by the respondent, copy whereof is Annexure P3. In view of the submissions aforesaid and taking into consideration the fact of preference generally given by the Courts to the convenience of wife in the transfer applications relating to the matrimonial disputes, more particularly, when the applicant is not having any source of earning; respondent is already making appearance in the litigation, pending in the Courts at Baba Bakala Sahib and still, not having come forward to resist the application and also considering the distance between the two places, the transfer application is allowed and the civil suit i.e. CS/8002/2022, titled 'Harjit Singh Vs.

Courts at Ludhiana, to the Court of competent jurisdiction at Baba Bakala Sahib, District Amritsar. The requisite record of the aforesaid case be sent by the Court concerned, to the District and Sessions Judge, Amritsar. Learned District and Sessions Judge, Amritsar, shall assign the said petition to the Courts at Baba Bakala Sahib. Even, the parties are directed to appear before the Courts at Baba Bakala Sahib, within a period of one month from today onwards.

(ARCHANA PURI) 02.07.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No