Daljeet Kaur v. Maninder Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.108 Date of Decision: 09.02.2026 DALJEET KAUR ....Applicant

Versus

MANINDER SINGH .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As observed in the order dated 11.08.2025, despite service, the respondent did not make appearance and on the subsequent dates also, the respondent did not make appearance. Even today, he has not made appearance. As such, 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 9 of the Hindu Marriage Act i.e. HMA/48/2022, titled 'Maninder Singh v/s Daljit Kaur, as well as the petition under Guardian and Wards Act i.e. 'GW/29/2022' titled 'Maninder Singh v/s Daljeet Kaur' filed by the respondent-husband, pending in the Family Court, Fatehgarh Sahib and she seeks transfer of the same to the Court of competent jurisdiction at Ludhiana.

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 03.02.2019 and one son born from the said wedlock, who is about 6 years old, is in the care and custody of the applicant. The applicant is not having any source of earning and she together with the minor son, are dependent upon her parental family. Even, she has filed the petition under Section 125 Cr.P.C., wherein the respondent at first instance, had made appearance and the order of interim maintenance was passed. Thereafter, the respondent did not make appearance and, as such, was proceeded against ex parte. Even, the execution petition, has been filed for seeking recovery of the arrears of interim maintenance, which is still pending and the respondent has not made appearance, as yet.

Considering the aforesaid submissions, more particularly, considering the applicant to be having the custody of the school going child, who herself is having no source of earning and even the respondent is not complying with the order passed by the court, with regard to the payment of interim maintenance and above it, considering the fact of the respondent having not come forward to resist the transfer application, the same is allowed and the petition under Section petition under Section 9 of the Hindu Marriage Act i.e. HMA/48/2022, titled 'Maninder Singh v/s Daljit Kaur, as well as the petition under Guardian and Wards Act i.e. 'GW/29/2022' titled 'Maninder Singh v/s Daljeet Kaur' filed by the respondent-husband, stand transferred from the Family Court, Fatehgarh Sahib, to the Court of competent jurisdiction at Ludhiana. The requisite record of the aforesaid cases be sent by the Family Court, Fatehgarh Sahib, to the District and Sessions Judge, Ludhiana.

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

(ARCHANA PURI) 09.02.2026 JUDGE Sonu Saini Whether speaking/reasoned :

Yes Whether reportable :

Yes/No