Kiran v. Manjinder Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.202 Date of Decision: 01.05.2025 KIRAN ....Applicant

Versus

MANJINDER SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Gehna Vaishnavi, Advocate for the applicant (through video conferencing).

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 12.03.2025, 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.

The counsel for the applicant heard.

The applicant-wife has filed the present application for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. HMA/336/2024, titled 'Manjinder Singh Vs. Kiran', filed by the respondenthusband, pending in the Family Court, Faridkot and she seeks transfer of the same to the Court of competent jurisdiction at Ferozepur.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 23.05.2021. Two sons born from the said wedlock, who are aged 21⁄2 years and 1 year, are in the care and custody of the applicant. However, the parties are residing separate. On account of the matrimonial dispute, the applicant had already filed the petition under Section 12 read with Sections 17, 18, 19, 20, 21, 22 and 23 of the Protection of Women from Domestic Violence Act i.e. COMA/83/2024 and the petition under Section 125 Cr.P.C. i.e. MNT-125/100/2024, which are pending in the Courts at Ferozepur. Also, it is submitted that the applicant is unemployed and has no source of earning. She is totally dependent upon her parental family.

In view of the submissions aforesaid, it is pertinent to mention that even though, the distance between the two places is just 32 kilometres, but however, there are other mitigating circumstances coming forth. The applicant is 8th pass and unemployed. She is totally dependent upon her parents. Even, she is taking care of two sons, born from the said wedlock. In view of the aforesaid fact situation and also considering the fact about the respondent having not come forward to resist the application, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/336/2024, titled 'Manjinder Singh Vs. Kiran', filed by the respondent-husband, stands transferred from the Family Court, Faridkot, to the Court of competent jurisdiction at Ferozepur. The requisite record of the aforesaid case be sent by the Family Court, Faridkot, to the District and Sessions Judge, Ferozepur.

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

(ARCHANA PURI) 01.05.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No