Simranjit Kaur v. Gurdit Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.201 Date of Decision: 16.07.2025 SIMRANJIT KAUR ....Applicant

Versus

GURDIT SINGH .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) Perusal of the paperbook reveals that the respondent had earlier made appearance through Mr. Judgepreet Singh, Advocate, who had filed memo of appearance on 05.03.2025. However, on the subsequent date i.e. 24.04.2025, none had appeared on behalf of the respondent. Even, Power of Attorney was not filed. Today also, none has made appearance on behalf of the respondent. 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, titled 'Gurdit Singh Vs. Simranjit Kaur', filed by the respondent-husband, pending in the Family Court (Camp Court) Dabwali, District Sirsa and she seeks transfer of the same to the Court of competent jurisdiction at Faridkot. It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 12.05.2020. Two children

were born from the said wedlock; one daughter and one son, are about 21⁄2 years old and 1 year old, respectively. They are 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 as such, is dependent upon her parental family, along with her children. Even, she has filed the petition under Section 125 Cr.P.C., which is pending in the Courts at Faridkot and the respondent is making appearance in the same. The distance between the two places is stated to be about 90 kilometres.

Taking into consideration the mitigating circumstances, as stated aforesaid and also considering the distance between the two places, more particularly, when the respondent having not come forward to resist the application, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act, titled 'Gurdit Singh Vs. Simranjit Kaur', filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Dabwali, District Sirsa, to the Court of competent jurisdiction at Faridkot. The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Dabwali, 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) 16.07.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes

Whether reportable :

Yes/No