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High Court of Punjab and HaryanaTA/1009/2025allowed

Sunaina v. Harpreet Singh

2025-12-12Mrs. Justice Archana Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.207 Date of Decision: 12.12.2025 SUNAINA ....Applicant

Versus

HARPREET SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Bhrigu Dutt Sharma, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 21.11.2025, 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 13 of the Hindu Marriage Act i.e. HMA/1284/2025, titled 'Harpreet Singh Vs. Sunaina', filed by the respondent-husband, pending in the Family Court, Amritsar and she seeks transfer of the same to the Court of competent jurisdiction at Jalandhar. It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 14.04.2019, but no child was born from the said wedlock. However, matrimonial dispute arose

between the parties, as a result whereof, the applicant is residing at her parental place. Even, she has filed the petition under Section 12 of the Protection of Women from Domestic Violence Act, which is pending in the Courts at Jalandhar and the respondent is pursuing the same. Also, it is submitted that the respondent had filed the petition under Section 9 of the Hindu Marriage Act, which is pending in the Courts at Amritsar. However, on the basis of transfer application i.e. TA-464-2023, filed at the instance of the applicant, the said petition was transferred to Jalandhar. However, pursuant to transfer of the petition under Section 9 of the Hindu Marriage Act, the respondent did not pursue the same and as such, the same were withdrawn. Subsequently, the respondent had filed the divorce petition at Amritsar.

On query by this Court, it is stated by the counsel for the applicant that the applicant is not having any source of earning. Considering the aforesaid circumstances, more particularly, considering the fact of one litigation, arising from the matrimonial dispute, already pending in the Courts at Jalandhar 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 13 of the Hindu Marriage Act i.e. HMA/1284/2025, titled 'Harpreet Singh Vs. Sunaina', filed by the respondent-husband, stands transferred from the Family Court, Amritsar, to the Court of competent jurisdiction at Jalandhar. The requisite record of the aforesaid case be sent by the Family Court, Amritsar, to the District and Sessions Judge, Jalandhar.

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

(ARCHANA PURI) 12.12.2025 JUDGE Sonu Saini Whether speaking/reasoned :

Yes Whether reportable :

Yes/No