Amanpreet Kaur And Others v. Joginder Singh And Another

TA-875-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.201 TA-875-2024 Date of Decision: 01.04.2025 AMANPREET KAUR AND OTHERS ....Applicants

Versus

JOGINDER SINGH AND ANOTHER .....Respondents

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. P.S. Mirpur, Advocate for the applicant.

None for the respondents.

***** ARCHANA PURI, J. (Oral) There is no representation on behalf of the respondents. Even, on the last date of hearing, neither the respondents, nor their counsel had made appearance. Also, the reply has not been filed, in compliance of the order dated 29.10.2024. Hence, the respondents are proceeded against ex parte.

The counsel for the applicant heard.

The applicant-Amanpreet Kaur and her parents have filed the present application for seeking transfer of the civil suit i.e. CS/222/2024, titled 'Joginder Singh and another Vs. Amanpreet Kaur and others', filed by the respondents, pending in the Courts at Nabha, District Patiala and the applicants seek transfer of the same to the Court of competent jurisdiction at Sunam, District Sangrur.

The applicants are seeking transfer of the civil suit, copy whereof is Annexure P-1, which is suit for permanent injunction, filed by Anu 2025.04.01 15:58 I attest to the accuracy and authenticity of this document Chandigarh

TA-875-2024 Joginder Singh and Kuldeep Kaur. The said suit related to the matrimonial alliance having taken place, or not, as disputed by the respondent. The son of the respondents, namely, Dilpreet Singh, is residing at Melbourne (Australia). The applicant is seeking transfer of the civil suit, on the score of her age, as well as the age of her parents.

It is pertinent to mention that even though, the Courts always lean to give preference to the convenience of women, while dealing with the transfer applications relating to the matrimonial dispute, but however, it is not a thumb rule. Various other circumstances, spelt out from the material brought on record, also ought to be taken into consideration. In the case in hand, the respondents are also aged persons, being parents of Dilpreet Singh, with whom it is alleged that engagement of applicant No.1-Amanpreet Kaur, was performed.

In view of the aforesaid fact situation and also considering Patiala and Sangrur to be adjoining districts, no case is made out for transfer of the civil suit, more particularly, when the presence of the parties is not required to be made in person, on each and every date of hearing, in the civil suit.

The transfer application sans merit. Hence, the same is hereby dismissed.

(ARCHANA PURI) 01.04.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Anu 2025.04.01 15:58 I attest to the accuracy and authenticity of this document Chandigarh