Kajaldeep Kaur v. Harmandeep Singh

TA-889-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.202 TA-889-2024 Date of Decision: 01.08.2025 KAJALDEEP KAUR ....Applicant

Versus

HARMANDEEP SINGH .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) There is no representation on behalf of the respondent. Even no reply has been filed, on his behalf. As such, the respondent is proceeded against ex parte.

The counsel for the applicant heard.

The applicant-wife has filed the present application for seeking transfer of the petition under Section 13 (1) (ia) of the Hindu Marriage Act i.e. HMA-3175-2023, titled 'Harmandeep Singh v/s Kajaldeep Kaur, filed by the respondent-husband, pending in the Family Court, Ludhiana and she seeks transfer of the same to the Court of competent jurisdiction at Baba Bakala, District Amritsar.

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 12.02.2022, but no child was born from the said wedlock. However, on account of the matrimonial dispute the parties are residing separate. The Sonu 2025.08.02 10:42 I agree to specified portions of this document P&HHC

TA-889-2024 applicant has filed petition under Section 12 of Protection of Women from Domestic Violence Act, which is pending in the courts at Baba Bakala, which is at the appearance stage. The applicant is not having any source of earning. In the given circumstances, it is difficult for the applicant to commute a distance of about 150 kms, to defend the divorce petition. Considering the mitigating circumstances and also taking into consideration the very fact of the respondent, not having come forward to resist the transfer application, more particularly, when the other case is already pending in the courts at Baba Bakala, the same is allowed and the petition under Section 13 (1) (ia) of the Hindu Marriage Act i.e.

HMA-31752023, titled 'Harmandeep Singh v/s Kajaldeep Kaur, filed by the respondent-husband, stands transferred from the Family Court, Ludhiana, to the Court of competent jurisdiction at Baba Bakala, District Amritsar. The requisite record of the aforesaid case be sent by the Family Court, Ludhiana, to the District and Sessions Judge, Amritsar. Learned District and Sessions Judge, Amritsar, shall assign the said petition to the Family Court (Camp Court), Baba Bakala. Even, the parties are directed to appear before the Family Court (Camp Court), Baba Bakala, within a period of one month from today onwards. (ARCHANA PURI) 01.08.

Yes/No Whether reportable :

Yes/No Sonu 2025.08.02 10:42 I agree to specified portions of this document P&HHC