Harpreet Kaur v. Jagtessh Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.223 Date of Decision: 08.08.2025 HARPREET KAUR ....Applicant

Versus

JAGTESH SINGH .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) Perusal of the paperbook reveals that on the last date of hearing, despite service, the respondent did not make appearance. Even today, he has not made appearance. As such, the respondent is proceeded against ex parte. The counsel for the applicant heard.

The applicant-wife has filed the present application for seeking transfer of the petition under Section 7 of the Guardianship and Wards Act i.e. GW/81/2024, titled 'Jagtesh Singh v/s Harpreet Kaur', filed by the respondent-husband, pending in the Family Court, Bathinda and she seeks transfer of the same to Family Court, Jagraon, District Ludhiana.

At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties had taken place on 31.01.2019 and one son born from the said wedlock, who is about 5 years old, is in the care and custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning. She has filed complaint under Section 323, 324, 294, 420, 406, 498-A, 120, 467, 468, 34 IPC, against the respondent, which is pending in the courts at Jagraon. Besides the same, she has filed petition under Section 125 Cr.P.C., which is pending in Family Court, Jagraon, District Ludhiana and the respondent is making appearance in the same. Also, it is submitted that the respondent had filed the divorce petition i.e. DMC/902/2024 titled "Jagtesh Singh v/s Harpreet Kaur" at Bathinda and the same with the intervention of this court, was transferred to the Family Court, Jagraon, District Ludhiana, vide order dated 08.04.2025, passed in TA-1480-2024.

In view of the aforesaid mitigating circumstances and taking into consideration the fact of other litigation arising from this matrimonial dispute already pending at Family Court, Jagraon and furthermore, the respondent having not come forward to resist the transfer application, the same is allowed and the petition under Section 7 of the Guardianship and Wards Act i.e. GW/81/2024, titled 'Jagtesh Singh v/s Harpreet Kaur', filed by the respondent-husband, stands transferred from the Family Court, Bathinda to the Court of competent jurisdiction at Family Court, Jagraon, District Ludhiana. The requisite record of the aforesaid case be sent by the Family Court, Bathinda to the District and Sessions Judge, Ludhiana.

Learned District and Sessions Judge, Ludhiana, shall assign the said petition to the Family Court (Camp Court), Jagraon. Even, the parties are directed to appear before the Family Court (Camp Court), Jagraon, within a period of one month from today onwards. (ARCHANA PURI) 08.08.2025 JUDGE Whether speaking/reasoned :

Yes Whether reportable :

Yes/No