Sarbjit Kaur Alias Sarabjeet Kaur v. Jaswinder Singh And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.205 Date of Decision: 11.11.2025 SARBJIT KAUR ALIAS SARABJEET KAUR ....Applicant

Versus

JASWINDER SINGH AND ANOTHER .....Respondents

CORAM:

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

None for respondent No.1.

Mr. Saurabh Singla, Advocate for respondent No.2.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 31.10.2025 despite service, respondent No.1, did not make appearance on that date. Even today, he has not made appearance. As such, respondent No.1 is proceeded against ex parte.

Respondent No.2 is the proforma respondent only. As such, even though, the counsel for respondent No.2 has made appearance, but however, there is no necessity to seek reply on his behalf. Counsel for the applicant heard.

The applicant-wife has filed the present application for seeking

transfer of the petition under Section 12 of the Hindu Marriage Act i.e. DMC/325/2025, titled 'Jaswinder Singh v/s Sarabjit Kaur and another', filed by the respondent, pending in the Family Court, Patiala and she seeks transfer of the same to Family Court, Khamanon, District Fatehgarh Sahib. At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties, had taken place on 29.03.2024. One daughter born from the said wedlock, who is less than one year of age, is in the care and custody of the applicant. However, on account of the matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning and is dependent upon her brother.

Even, she has filed petition under Section 144 of Bharatiya Nagarik Suraksha Sanhita, for claiming maintenance as well as another petition seeking maintenance, for the minor daughter. Besides the same, the petition under Section 12 of Protection of Women from Domestic Violence Act, has also been filed. All the aforesaid cases are pending in the courts at Khamanon, District Fatehgarh Sahib and the respondent is making appearance in the same. The distance between the two places is stated to be about 65 kms. Considering the aforesaid mitigating circumstances, more particularly, considering the fact of the applicant taking care of the toddler, who herself is not having any source of earning as well as respondent No.

1, having not come forward to resist the transfer application, the same is allowed and the petition under Section 12 of the Hindu Marriage Act i.e. DMC/325/2025, titled 'Jaswinder Singh v/s Sarabjit Kaur and another', filed by the respondent, stands transferred from the Family Court, Patiala, to Family Court, Khamanon, District Fatehgarh Sahib. The requisite record of the aforesaid case be sent by the Family Court, Patiala, to the District and Sessions Judge, Fatehgarh Sahib.

Learned District and Sessions Judge, Fatehgarh Sahib, shall assign the said petition to the Family Court (Camp Court), Khamanon. Even, the parties are directed to appear before the Family Court (Camp Court), Khamanon, within a period of one month from today onwards., (ARCHANA PURI) 11.11.2025 JUDGE Sonu Saini Whether speaking/reasoned :

Yes Whether reportable :

Yes/No