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High Court of Punjab and HaryanaTA/471/2025allowed

Ranjeet Kaur v. Sh Gurmukh Singh

2025-08-13Mrs. Justice Archana Puri2 pages

TA-471-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.209 TA-471-2025 Date of Decision: 13.08.2025 RANJEET KAUR ....Applicant

Versus

GURMUKH SINGH .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 31.07.2025, despite service, the respondent did not make appearance on that date. Even today, he has not made appearance. As such, the 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/202/2024, titled 'Gurmukh Singh Vs. Ranjeet Kaur', filed by the respondent-husband, pending in the Family Court (Camp Court) Garhshankar, District Hoshiarpur and she seeks transfer of the same to the Court of competent jurisdiction at Phagwara, District Kapurthala. It is submitted by the counsel for the applicant that there is one daughter born from the wedlock of the parties to the lis, who is about 9 years old and is in the care and custody of the applicant. Also, it is submitted that Sonu 2025.08.13 15:05 I agree to specified portions of this document P&HHC

TA-471-2025 on account of the matrimonial dispute, the parties are residing separate, but till date, apart from the divorce petition, there is no other litigation pending between the parties. The applicant is stated to be working in pharmacy shop at Phagwara, as a contractual employee. In these circumstances, it is submitted that it is difficult for the applicant, to commute a distance of about 45/55 kilometres, to defend the litigation thrusted upon her. In view of the aforesaid mitigating circumstances, more particularly, considering the applicant to be having custody of the minor daughter, who is of growing age and also considering the fact about the respondent, having not come forward to resist the application, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e.

HMA/202/2024, titled 'Gurmukh Singh Vs. Ranjeet Kaur', filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Garhshankar, District Hoshiarpur, to the Court of competent jurisdiction at Phagwara. The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Garhshankar, to the District and Sessions Judge, Kapurthala.

Learned District and Sessions Judge, Kapurthala, shall assign the said petition to the Family Court (Camp Court), Phagwara. Even, the parties are directed to appear before the Family Court (Camp Court), Phagwara, within a period of one month from today onwards. (ARCHANA PURI) 13.08.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.08.13 15:05 I agree to specified portions of this document P&HHC