Harinder Kaur v. Gurmukh Singh

TA-402-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.211 TA-402-2024 Date of Decision: 08.05.2025 HARINDER KAUR ....Applicant

Versus

GURMUKH SINGH .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As observed in the order dated 11.12.2024, respondent did not make appearance on that date, despite service. Today also, none has made appearance on his behalf. As such, respondent is proceeded against ex parte. The applicant/wife has filed the present application for seeking transfer of the petition under Section 9 of the Hindu Marriage Act i.e. HMA/741/2023 titled "Gurmukh Singh v/s Harinder Kaur", filed by the respondent/husband, which is pending in the courts at Gurdaspur and she seeks transfer of the same to the court of competent jurisdiction at Pathankot.

At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties was solemnized on 25.11.2017 and one son born from the said wedlock, aged about 71⁄2 years, is in the care and custody of the applicant. On account of matrimonial dispute, the parties are residing separate. The applicant is not having any source of Sonu 2025.05.09 14:47 I attest to the accuracy and authenticity of this document

TA-402-2024 earning and she is dependant upon her parental family. The applicant had filed petition under Section 125 Cr.P.C., which is pending in the courts at Pathankot and the respondent is making appearance in the same. In the given circumstances, a prayer for transfer of the petition under Section 9 of Hindu Marriage Act, has been made.

Considering the aforesaid and also taking into consideration the preference generally given by the courts to the convenience of the wife, more particularly, when the respondent has not come forward to resist the application and the petition under Section 125 Cr.P.C., already pending in the courts at Pathankot and also considering the fact that the applicant is taking care of the minor son, the transfer application, as such, is hereby allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/741/2023 titled "Gurmukh Singh v/s Harinder Kaur", filed by the respondent/husband, stands transferred from the Family Court, Gurdaspur to the Family Court, Pathankot. The requisite record of the aforesaid case be sent by the Family Court, Gurdaspur to the District and Sessions Judge, Pathankot.

Learned District and Sessions Judge, Pathankot, shall assign the said petition to the Family Court, Pathankot. Even, the parties are directed to appear before the Family Court, Pathankot, within a period of one month from today onwards.

(ARCHANA PURI) 08.05.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.05.09 14:47 I attest to the accuracy and authenticity of this document