Karmdeep Kaur v. Mandeep Singh

TA-377-2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.245 TA-377-2024 (O&M) Date of Decision: 07.05.2025 Karmdeep Kaur ....Applicant

Versus

Mandeep Singh .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As observed in the previous order, none had made appearance on behalf of the respondent, despite service on that date. Today also, none has made appearance on his behalf. As such, respondent is proceeded against ex-parte.

Counsel for the applicant heard.

The applicant-wife has filed the present application for seeking transfer of petition under Section 9 of the Hindu Marriage Act, i.e. DMC/1197/2023 titled as 'Mandeep Singh vs. Karmdeep Kaur', filed at the instance of the respondent/husband, which is pending in the Court at Bathinda and she seeks transfer of the same to the court of competent jurisdiction at Faridkot.

It is submitted by counsel for the applicant that the marriage between the parties was solemnized on 05.05.2023. However, on account of Anu 2025.05.09 15:02 I attest to the accuracy and authenticity of this document Chandigarh

TA-377-2024 (O&M) matrimonial dispute, the applicant is residing at her parental house at Faridkot. The applicant has also got lodged FIR No.378 dated 03.11.2023 under Sections 498-A, 406, 323, 506, 34 IPC, against the respondent, which is still pending investigation. The applicant is not working and as such, she is totally dependent upon her aged father. The distance between two places is about 70 Kms.

In view of the submissions aforesaid, considering the fact that generally the Courts lean towards the convenience of wife in the transfer applications relating to the matrimonial disputes, more particularly, when the respondent has not come forward to resist the application as well as considering the fact that the applicant is not having any source of earning and the FIR having already registered at Faridkot, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act, i.e. DMC/1197/2023 titled as 'Mandeep Singh vs. Karmdeep Kaur', filed at the instance of the respondent/husband, stands transferred from the Family Court, Bathinda, to the Court of competent jurisdiction at Faridkot. The requisite record of the aforesaid case be sent by the Family Court, Bathinda, to the District and Sessions Judge, Faridkot. Learned District and Sessions Judge, Faridkot, shall assign the said petition to the Family Court, Faridkot. Even, the parties are directed to appear before the Family Court, Faridkot, within a period of one month from today onwards.

(ARCHANA PURI) 07.05.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Anu 2025.05.09 15:02 I attest to the accuracy and authenticity of this document Chandigarh