Baljit Kaur v. Amandeep Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Sr. No.208 Date of Decision: 09.09.2025 BALJIT KAUR ....Applicant
Versus
AMANDEEP SINGH .....Respondent
CORAM:
HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Navyuggeet Brar, Advocate for Mr. Sarju Puri, Advocate for the applicant.
None for the respondent.
***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 08.08.2025, 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/198/2025, titled 'Amandeep Singh Vs. Baljit Kaur', filed by the respondent-husband, pending in the Family Court, Hoshiarpur and she seeks transfer of the same to the Court of competent jurisdiction at SBS Nagar.
It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 14.02.2019, but no child was born from the said wedlock. On account of the matrimonial dispute, the parties are residing separate. The applicant is not working and as such, has no source of earning. She had got lodged an FIR bearing No.70 dated 22.07.2021, under Section 498-A IPC at Police Station Sadar Nawanshahr, District SBS Nagar and challan has been presented in the same. Respondent is facing trial relating to the said FIR in the Courts at SBS Nagar. Besides the same, the applicant had filed the petition under Section 125 Cr.P.C., which was decided ex parte, in her favour. However, to assail the said order, the respondent has filed the criminal revision i.e.
CRR(F)-558-2022, which is pending before the Coordinate Bench. Even, the applicant had filed the revision, for seeking enhancement of compensation. The distance between the two places is stated to be 80 kilometres. In view of the submission aforesaid, it is pertinent to mention that the respondent has not come forward to resist the application. Even, the respondent has not joined the maintenance proceedings, while pending before learned Family Court and furthermore, had not made payment of the arrears of maintenance, till date. On query by this Court, it is disclosed that it is only in consonance with the order dated 08.08.2022 passed in CRR(F)- 558-2022, copy whereof is Annexure P-4, that the respondent had made part payment of arrears, as ordered.
Keeping in view the aforesaid fact situation, it is just and expedient to accept the application. Hence, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e.
HMA/198/2025, titled 'Amandeep Singh Vs. Baljit Kaur', filed by the respondent-husband, stands transferred from the Family Court, Hoshiarpur, to the Court of competent jurisdiction at SBS Nagar. The requisite record of the aforesaid case be sent by the Family Court, Hoshiarpur, to the District and Sessions Judge, SBS Nagar.
Learned District and Sessions Judge, SBS Nagar, shall assign the said petition to the Family Court, SBS Nagar. Even, the parties are directed to appear before the Family Court, SBS Nagar, within a period of one month from today onwards.
(ARCHANA PURI) 09.09.2025 JUDGE Himanshu Whether speaking/reasoned :
Yes Whether reportable :
Yes/No