Rajwinder Kaur Alias Rajveer Kaur v. Gurmeet Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.236 Date of Decision: 05.09.2025 RAJWINDER KAUR @ RAJVEER KAUR ....Applicant

Versus

GURMEET SINGH .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) CM-10767-CII-2025 Keeping in view the averments made in the application, same is allowed.

M ain case As per the observations made in the order dated 11.08.2025, 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 9 of the Hindu Marriage Act i.e. DMC/29/2025, titled 'Gurmeet Singh Vs. Rajwinder Kaur @ Rajveer Kaur', filed by the respondent-husband, pending in the Family Court (Camp Court)

Jalalabad, District Fazilka and she seeks transfer of the same to the Court of competent jurisdiction at Jagraon, District Ludhiana. It is submitted by the counsel for the applicant that on account of matrimonial dispute, the parties are residing separate. Two children born from the said wedlock, who are aged about 9-10 years, are in the care and custody of the applicant. The applicant herself is not having any source of earning. Even, she had filed the petition under Section 125 Cr.P.C., which was decided by the Courts at Jagraon, on 22.11.2022 and maintenance was fixed to the extent of Rs.2500/- for the applicant and Rs.1500/- each for the children. However, despite the aforesaid order, the respondent is not making payment of maintenance and under the constrained circumstances, the applicant has filed the execution i.e. CRM/6/2023, which is still at appearance stage. The distance between the two places is stated to be 138 kilometres.

Considering the aforesaid circumstances, more particularly, when the respondent is not making payment of the arrears of maintenance to the applicant, as well as children, despite the Court order and also taking into consideration the fact about the respondent having not come forward to resist the application, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. DMC/29/2025, titled 'Gurmeet Singh Vs. Rajwinder Kaur @ Rajveer Kaur', filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Jalalabad, District Fazilka, to the Court of competent jurisdiction at Jagraon, District Ludhiana. The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Jalalabad, to the District and Sessions Judge, Ludhiana.

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

Pending civil miscellaneous application also stands disposed of. (ARCHANA PURI) 05.09.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No