Gurbachan Kaur v. Manpreet Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH TA-859-2025 (O&M) Date of Decision: November 13, 2025 Gurbachan Kaur ...Applicant

Versus

Manpreet Singh

...Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI

Present:

Mr.P.S.Pathania, Advocate for the applicant.

None for the respondent.

**** ARCHANA PURI, J.

As observed, on the last date of hearing, none had appeared on behalf of the respondent. Even today, none has made appearance on behalf of the respondent. 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, filed by respondent-husband bearing No.HMA-140-2025, titled 'Manpreet Singh vs. Gurbachan Kaur', which is pending in the Family Court, Gurdaspur and she seeks transfer of the same to the Court of competent jurisdiction at

TA-859-2025 -2Mukerian, District Hoshiarpur.

It is submitted by learned counsel for the applicant that marriage between the parties to the lis, had taken place on 29.11.2015 and one daughter born from the said wedlock, who is aged about 9 years, is in the care and custody of the applicant and she is student of Doga Public School at Nangal Bihala, Mukerian. However, on account of matrimonial dispute, the parties are residing separate. The applicant has no source of earning and she, together with her minor daughter, is dependent upon her parental family. She has also filed petition under Section 144 BNSS, which is pending in the Courts at Mukerian and the respondent has been proceeded against ex-parte in the same.

In view of the aforesaid circumstances, more particularly, considering the applicant to be having no source of earning and taking care of the grown up daughter, who is studying in a school at Mukerian and also taking into consideration the fact of respondent having proceeded against ex-parte in the maintenance proceedings and above it, the respondent not having come forward to resist the present application, the transfer application, as such, is hereby allowed and the petition under Section 9 of the Hindu Marriage Act, filed by respondent-husband bearing No.HMA140-2025, titled 'Manpreet Singh vs. Gurbachan Kaur', stands transferred from the Family Court, Gurdaspur, to the Court of competent jurisdiction at Mukerian, District Hoshiarpur. The requisite record of the aforesaid case be sent by the Family Court, Gurdaspur, to the District and Sessions Judge, Hoshiarpur.

Learned District and Sessions Judge, Hoshiarpur, shall assign

TA-859-2025 -3the said petition to the Family (Camp) Court, Mukerian. Even, the parties are directed to appear before the Family (Camp) Court, Mukerian, within a period of one month from today onwards.

November 13, 2025 (ARCHANA PURI) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No