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High Court of Punjab and HaryanaTA/1107/2025allowed

Manjeet Kaur v. Captain Singh

2026-02-19Mrs. Justice Archana Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.224 Date of Decision: 19.02.2026 MANJEET KAUR ....Applicant

Versus

CAPTAIN SINGH .....Respondent

CORAM:

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

Respondent proceeded against ex parte vide order dated 23.12.2025.

***** ARCHANA PURI, J. (Oral) 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/196/2024, titled 'Captain Singh Vs. Manjeet Kaur', filed by the respondent-husband, pending in the Family Court (Camp Court) Derabassi, District SAS Nagar and she seeks transfer of the same to the Court of competent jurisdiction at Rupnagar.

Upon notice issued, the respondent did not make appearance, despite service and as such, was proceeded against ex parte.

Counsel for the applicant heard.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 20.02.2022. From the said wedlock, one daughter was born, who is about 3 years old and she is in the care and custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning and she, together with her daughter, is dependent upon her parental family. Even, she has filed the petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as well as the petition under the Protection of Women from Domestic Violence Act, which are pending in the Courts at Rupnagar and the respondent is pursing both the said cases. The distance between the two places is stated to be about 75-80 kms.

Keeping in view the submissions aforesaid, more particularly, taking into consideration the fact of the applicant, to be taking care of 3 years old daughter, while herself having no source of earning; two other litigations arising from the estranged marriage already pending in the Courts at Rupnagar, which are being pursued by the respondent 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/196/2024, titled 'Captain Singh Vs. Manjeet Kaur', filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Derabassi, District SAS Nagar, to the Court of competent jurisdiction at Rupnagar.

record of the aforesaid case be sent by the Family Court (Camp Court) Derabassi, to the District and Sessions Judge, Rupnagar. Learned District and Sessions Judge, Rupnagar, shall assign the said petition to the Family Court, Rupnagar. Even, the parties are directed to appear before the Family Court, Rupnagar, within a period of one month from today onwards.

(ARCHANA PURI) 19.02.2026 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No