Rajvir Kaur v. Gurpreet Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH TA-1181-2024 (O&M) Date of Decision: September 03, 2025 Rajvir Kaur ....Applicant

Versus

Gurpreet Singh .....Respondent

CORAM:

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

Mr.Ajay S. Dhiman, Advocate for the respondent.

***** ARCHANA PURI, J.

Learned counsel for the respondent submits that he does not want to file reply to the transfer application, though, he contests the application.

Counsel for the parties 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-678-2021, titled 'Gurpreet Singh Vs. Rajvir Kaur', filed by the respondent-husband, pending in the Family Court, Moga and she seeks transfer of the same to the Court of competent jurisdiction at Barnala. It is submitted by learned counsel for the applicant that the marriage between the parties had taken place on 19.11.2020, but no child

TA-1181-2024 -2was born from the said wedlock. On account of matrimonial dispute, the parties are residing separate. The applicant has no source of earning and she is dependent upon her parental family. The applicant had filed petition under Section 125 Cr.P.C., which was pending at the time of filing of the transfer application in the Courts at Barnala and the same has since been decided. However, the maintenance fixed has not been paid by the respondent, as a result whereof, the applicant has also filed the execution petition, which is also pending in the Courts at Barnala. Besides the same, it is also submitted that the respondent is facing trial in the Courts at Barnala, relating to FIR No.79 under Sections 498-A and 406 IPC, registered at police station City Barnala. On the other hand, learned counsel for the respondent submits that it shall be too harsh for the respondent, if the transfer application is allowed.

In view of the rival submissions and more particularly, considering the fact about the applicant to be not having any source of earning and the respondent already facing two litigations in the Courts at Barnala, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA-678-2021, titled 'Gurpreet Singh Vs. Rajvir Kaur', filed by the respondent-husband, stands transferred from the Family Court, Moga to the Court of competent jurisdiction at Barnala. The requisite record of the aforesaid case be sent by the Family Court Moga, to District and Sessions Judge, Barnala. Learned District and Sessions Judge, Barnala, shall assign the

TA-1181-2024 -3said petition to the Family Court Barnala. Even, the parties are directed to appear before the Family Court Barnala, within a period of one month from today onwards.

September 03, 2025 (ARCHANA PURI) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No