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High Court of Punjab and HaryanaTA/478/2025allowed

Muneet Kaur v. Amandeep Singh Bedi

2025-09-02Mrs. Justice Archana Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH TA-478-2025(O&M) Date of Decision: September 02, 2025 Muneet Kaur ...Applicant

Versus

Amandeep Singh Bedi

...Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI

Present:

Mr.S.K.Liberhan, Advocate for the applicant.

Mr.Arjun Kapoor, Advocate for the respondent.

**** ARCHANA PURI, J.

The applicant-wife has filed the present application for seeking transfer of the petition under Section 9 of the Hindu Marriage Act, filed by respondent-husband, bearing No.DMC-298-2023, titled 'Amandeep Singh Bedi vs. Muneet Kaur', pending in the Family Court, Patiala and she seeks transfer of the same to the Court of competent jurisdiction at SAS Nagar, Mohali.

In pursuance of the notice issued, the respondent made appearance through counsel and filed the reply. Counsel for the parties heard.

At the very outset, it is submitted by learned counsel for the

TA-478-2025 -2applicant that the marriage between the parties had taken place on 09.02.2020 and one son born from the said wedlock, is in the care and custody of the applicant. However, on account of matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning and she along with her son, is dependent upon her parental family. Even, she has filed petition under Section 12 of the Protection of Women from Domestic Violence Act, which is pending in the Courts at SAS Nagar, Mohali and the respondent is already pursuing the same. The applicant has also filed petition under Section 125 Cr.P.C., which is also pending in the Courts at SAS Nagar, Mohali and the respondent is making appearance in the same. The distance between the two places is stated to be 42 kms.

On the other hand, learned counsel for the respondent, while making reference to the reply submits that the litigation initiated, at the instance of the applicant, was filed only as a counter-blast, with regard to the petition under Section 9 of the Hindu Marriage Act, filed at the instance of the respondent. Moreover, the applicant is an educated lady. She can very well take care of the litigation, as the distance between the two places is not more than 40 kms.

In view of the rival submissions aforesaid, it is pertinent to note that while considering the transfer application, various circumstances, spelt out from the petition as well as the reply and the documents placed thereon, are required to be taken into consideration. In the case in hand, the distance between the two places is not the only factor, which ought to be taken into consideration. In fact, the child born from the wedlock is in the care and

TA-478-2025 -3custody of the applicant, who herself is not having any source of earning. Considering the same and also considering the fact of other litigation already pending in the Courts at SAS Nagar, Mohali, which is pursued by the respondent, the present transfer application, as such, is hereby allowed and the petition under Section 9 of the Hindu Marriage Act, filed by respondent-husband, bearing No.DMC-298-2023, titled 'Amandeep Singh Bedi vs. Muneet Kaur', stands transferred from the Family Court, Patiala, to the Court of competent jurisdiction at District SAS Nagar, Mohali. The requisite record of the aforesaid case be sent by the Family Court, Patiala to the District and Sessions Judge, SAS Nagar, Mohali. Learned District and Sessions Judge, SAS Nagar, Mohali shall assign the said petition to the Family Court, SAS Nagar, Mohali. Even, the parties are directed to appear before the Family Court, SAS Nagar, Mohali, within a period of one month from today onwards. September 02, 2025 (ARCHANA PURI) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No