Jaspreet Kaur Bagga v. Jatin Verma

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.206 Date of Decision: 29.08.2025 JASPREET KAUR BAGGA ....Applicant

Versus

JATIN VERMA .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mrs. Shashi Ghuman, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) On the last date of hearing, though the respondent made appearance through counsel and filed memo of appearance and the case was adjourned further for filing of reply as well as Power of Attorney, but however, today 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 the petition under Section 13 of the Hindu Marriage Act i.e. HMA/13/2025 titled 'Jatin Verma v/s Jaspreet Kaur Bagga', filed by the respondent-husband, pending in the Family Court, Pathankot and she seeks transfer of the same to Family Court (Camp Court), Batala, District

Gurdaspur.

At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 09.11.2023 and one daughter born from the said wedlock, is in the care and custody of the applicant, who is about 11 months old, at present. On account of the matrimonial dispute, the parties are residing separate. Further, it is also submitted that the applicant is not having any source of earning and she along with her daughter, are being taken care of by the parental family. The applicant has filed petition under Section 144 of BNSS, as well as complaint under Section 12-A of Protection of Women from Domestic Violence Act and the respondent is proceeded against ex parte, in both the aforesaid cases.

Also, it is submitted that petition under Section 12-A of Protection of Women from Domestic Violence Act, was filed through the legal aid counsel, as the applicant has no source of earning. In view of the aforesaid mitigating circumstances, more particularly, when the respondent has not come forward to resist the transfer application as well as taking into consideration the fact of two other litigation already pending, wherein the respondent is not making appearance, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/13/2025 titled 'Jatin Verma v/s Jaspreet Kaur Bagga', filed by the respondent-husband, stands transferred from the Family Court, Pathankot, to the Court of competent jurisdiction at Family Court (Camp Court), Batala, District Gurdaspur.

The requisite record of the aforesaid case be sent by the Family Court, Pathankot to the District and Sessions Judge, Gurdaspur.

Learned District and Sessions Judge, Gurdaspur, shall assign the said petition to the Family Court (Camp Court), Batala. Even, the parties are directed to appear before the Family Court, Family Court (Camp Court), Batala, within a period of one month from today onwards. (ARCHANA PURI) 29.08.2025 JUDGE Whether speaking/reasoned :

Yes Whether reportable :

Yes/No