Harpreet Kaur v. Amandeep Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.102 Date of Decision: 23.05.2025 HARPREET KAUR ....Applicant

Versus

AMANDEEP SINGH .....Respondent

CORAM:

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

Respondent proceeded against ex parte vide order dated 16.05.2025..

***** ARCHANA PURI, J. (Oral) The applicant-wife has filed the present application for seeking transfer of the petition under Section 9 of the Hindu Marriage Act i.e. HMA/624/2022, titled 'Amandeep Singh Vs. Harpreet Kaur', filed by the respondent-husband, pending in the Family Court, Sirsa and she seeks transfer of the same to the Court of competent jurisdiction at Sangrur. Upon notice issued, the respondent did not make appearance, despite service and as such, was proceeded against ex parte. The counsel for the applicant heard.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 11.12.2021, but no child was born from the said wedlock. However, on account of the matrimonial dispute, the parties are residing separate. The applicant is residing at Dhuri with her parental family. She has filed the complaint under Section 12 of the Protection of Women from Domestic Violence Act i.e. COMA/12/2023, which is pending in the Courts at Dhuri. The distance between the two places is stated to be about 150 kilometres.

On query by this Court, it is submitted by the counsel for the applicant that the applicant herself is not having any source of earning, as she is not working. She is totally dependent upon her parental family. In view of the submissions aforesaid, it is pertinent to mention that in the head note of the application, a prayer has been made for transfer of the case from Sirsa to Sangrur, but however, the applicant is a resident of Dhuri, falling in District Sangrur, where Family Court (Camp Court) is existing.

Considering the mitigating circumstances, as pointed out aforesaid and also considering the fact of 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. HMA/624/2022, titled 'Amandeep Singh Vs. Harpreet Kaur', filed by the respondenthusband, stands transferred from the Family Court, Sirsa, to the Court of competent jurisdiction at Dhuri, District Sangrur. The requisite record of the

aforesaid case be sent by the Family Court, Sirsa, to the District and Sessions Judge, Sangrur.

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

(ARCHANA PURI) 23.05.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No