Jasvir Kaur v. Jagwinder Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.212 Date of Decision: 18.08.2025 JASVIR KAUR ....Applicant

Versus

JAGWINDER SINGH .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) Perusal of the paperbook reveals that respondent had made appearance through Mr. Tarun Sharma, Advocate, who had filed memorandum of appearance on 04.02.2025. Power of Attorney was ordered to follow. However, Power of Attorney has not been filed. Even reply has not been filed. On the last date of hearing, none has made appearance on behalf of the respondent. Today also, none has made appearance on his behalf. 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. DMC/414/2024, titled 'Jagwinder Singh Vs. Jasvir Kaur', filed by the respondent-husband, pending in the Family Court, Ferozepur and she seeks transfer of the same to the Court of competent jurisdiction at District SBS

Nagar.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 25.02.2023, but no child was born from the said wedlock. However, on account of the matrimonial dispute, the parties are residing separate. The applicant has already got lodged an FIR bearing No.102 dated 24.08.2024, under Section 498-A IPC, at Police Station Rahon, SBS Nagar and challan has been presented in the same. The respondent is facing trial, relating to the said FIR, in the Courts at SBS Nagar. Also, it is submitted that the applicant is not having any source of earning and as such, she had filed the petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which is pending in the Courts at SBS Nagar and the respondent is pursuing the same.

The respondent, who is employed in police department, has not paid any maintenance to the applicant, till date. Furthermore, it is submitted that the distance between the two places is about 177 kilometres. Considering the aforesaid mitigating circumstances and taking into consideration the fact of the respondent having been posted in police department, at a place where the litigation is already pending and also 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. DMC/414/2024, titled 'Jagwinder Singh Vs. Jasvir Kaur', filed by the respondent-husband, stands transferred from the Family Court, Ferozepur, to the Court of competent jurisdiction at SBS Nagar.

The requisite record of the aforesaid case be sent by the Family Court, Ferozepur, to the District and Sessions Judge, SBS Nagar.

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

(ARCHANA PURI) 18.08.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No