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High Court of Punjab and HaryanaTA/594/2025allowed

Tamandeep Kaur v. Jatinderpal Singh

2025-09-08Mrs. Justice Archana Puri2 pages

TA-594-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.202 TA-594-2025 Date of Decision: 08.09.2025 TAMANDEEP KAUR ....Applicant

Versus

JATINDERPAL SINGH .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) Perusal of the paperbook reveals that on the last date of hearing, despite service, the respondent did not make appearance. Even today, he has not made appearance. As such, the respondent is proceeded against ex parte. The counsel for the applicant heard.

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/50/2025 titled 'Jatinderpal Singh v/s Tamandeep Kaur', filed by the respondent-husband, pending in the Family Court, Faridkot and she seeks transfer of the same to the Court of competent jurisdiction at Bathinda. 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 27.04.2021 and one child born from the said wedlock, is in the care and custody of the applicant. On account of the matrimonial dispute, the parties Sonu 2025.09.09 09:56 I agree to specified portions of this document P&HHC

TA-594-2025 are residing separate. The applicant together with the minor child, is dependent upon her parental family. The applicant has filed petition under Section 12 of Protection of Women from Domestic Violence Act, which is pending in the courts at Bathinda. The distance between the two places is stated to be 60 kms.

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 the child to be in the care and custody of the applicant, who herself is not having any source of earning, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/50/2025 titled 'Jatinderpal Singh v/s Tamandeep Kaur', filed by the respondent-husband, stands transferred from the Family Court, Faridkot to the Court of competent jurisdiction at Bathinda. The requisite record of the aforesaid case be sent by the Family Court, Faridkot to the District and Sessions Judge, Bathinda. Learned District and Sessions Judge, Bathinda, shall assign the said petition to the Family Court, Bathinda. Even, the parties are directed to appear before the Family Court, Bathinda, within a period of one month from today onwards.

(ARCHANA PURI) 08.09.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.09.09 09:56 I agree to specified portions of this document P&HHC