Navpreet Kaur v. Samarjit Singh

TA-1158-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.202 TA-1158-2024 Date of Decision: 28.08.2025 NAVPREET KAUR ....Applicant

Versus

SAMARJIT SINGH .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) Perusal of the paperbook reveals that on the last date of hearing, counsel for the respondent sought time to file the reply. However, none has made appearance on his behalf today, nor any reply has been filed. 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 9 of the Hindu Marriage Act i.e. HMA/1822/2024 titled 'Samarjit Singh v/s Navpreet 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 Amritsar. At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties, had taken place on 06.09.2022 and one daughter born from the said wedlock, is in the care and custody of the applicant. On account of the matrimonial dispute, the parties Sonu 2025.08.29 15:49 I agree to specified portions of this document P&HHC

TA-1158-2024 are residing separate. The applicant is not having any source of earning and is totally dependant upon her parental family. She has got lodged one complaint with the Police authorities, qua the conduct of the respondent and his family members and the same has culminated into registration of the FIR No.19 dated 14.03.2025, which is pending investigation. The distance between the two places is stated to be 140 kms. As such, it is submitted that it is difficult for the applicant to cover such distance, more particularly, while taking care of the minor daughter.

In view of the mitigating circumstances aforesaid, more particularly, considering the fact of the respondent, having not come forward to resist the transfer application as well as taking into consideration the fact of the child to be in the care and custody of the applicant, who herself is not having any source of earning, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/1822/2024 titled 'Samarjit Singh v/s Navpreet Kaur', filed by the respondent-husband, stands transferred from the Family Court, Ludhiana, to the Court of competent jurisdiction at 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, Amritsar. Even, the parties are directed to appear before the Family Court, Amritsar, within a period of one month from today onwards.

(ARCHANA PURI) 28.08.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.08.29 15:49 I agree to specified portions of this document P&HHC