Hardeep Kaur v. Jagseer Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.209 Date of Decision: 06.08.2025 HARDEEP KAUR ....Applicant

Versus

JAGSEER SINGH .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 23.05.2025, despite service, the respondent did not make appearance on that date, though adjournment slip was circulated on his behalf. Today also, he has not made appearance. Even, reply has not 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 13 of the Hindu Marriage Act i.e. HMA/73/2024, titled 'Jagseer Singh Vs. Hardeep Kaur', filed by the respondent-husband, pending in the Family Court (Camp Court)

Gidderbaha, District Sri Muktsar Sahib and she seeks transfer of the same to the Court of competent jurisdiction at Faridkot. It is submitted that it was the second marriage of the applicant, as well as the respondent. However, on account of the matrimonial dispute, the parties are residing separate. Two daughters born from the first marriage of the respondent, as well as son born from the present wedlock, are in the custody of the respondent. The applicant is not having any source of earning and as such, is totally dependent upon her parental family. Even, she has filed the petition under Section 125 Cr.P.C. and the petition under the Protection of Women from Domestic Violence Act, which are pending in the Courts at Faridkot, at appearance stage. Also, she has filed the petition under Section 9 of the Hindu Marriage Act, which is pending in the Courts at Faridkot.

In view of the submissions aforesaid, more particularly, considering the fact about the respondent, who is taking care of three children, having not come forward to resist the application; three cases arising from this matrimonial dispute, already pending in the Courts at Faridkot and also considering the distance between the two places to be about 120 kilometres, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/73/2024, titled 'Jagseer Singh Vs. Hardeep Kaur', filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Gidderbaha, District Sri Muktsar Sahib, to the Court of competent jurisdiction at Faridkot. The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Gidderbaha, to the District and Sessions Judge, Faridkot.

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

(ARCHANA PURI) 06.08.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No