Navjot Kaur v. Balwinder Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.241 Date of Decision: 09.12.2025 NAVJOT KAUR ....Applicant

Versus

BALWINDER SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Sweta Chahal, Legal Aid Counsel, for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 27.11.2025, 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. HMA/28/2025, titled 'Balwinder Singh Vs. Navjot Kaur', filed by the respondent-husband, pending in the Family Court (Camp Court) Sultanpur Lodhi, District Kapurthala and she seeks transfer of the same to the Court of competent jurisdiction at Phillaur, District Jalandhar.

It is submitted by the counsel for the applicant that on account of the matrimonial dispute, the parties are residing separate. One daughter born from the wedlock of the parties, who is about 1 year old, is in the care and custody of the applicant. The applicant is not having any source of earning and as such, is dependent upon her parental family. Even, she has filed the petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which is pending in the Courts at Phillaur and the respondent, despite service, had not made appearance in the same and as such, has been proceeded against ex parte. Even, she has filed the petition under the Protection of Women from Domestic Violence Act, which is also pending in the Courts at Phillaur, at appearance stage. The distance between the two places is stated to be about 97 kms.

In view of the submissions aforesaid, more particularly, considering the fact of minor child to be in the care and custody of the applicant, who herself has no source of earning and also considering the fact of two other litigations, arising from the matrimonial dispute, already pending in the Courts at Phillaur and above it, considering 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. HMA/28/2025, titled 'Balwinder Singh Vs. Navjot Kaur', filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Sultanpur Lodhi, District Kapurthala, to the Court of competent jurisdiction at Phillaur, District Jalandhar. The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Sultanpur Lodhi, to the District and Sessions Judge, Jalandhar.

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

(ARCHANA PURI) 09.12.2025 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No