Rajwinder Kaur v. Ranjeet Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.126 Date of Decision: 29.04.2025 RAJWINDER KAUR ....Applicant

Versus

RANJEET SINGH .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) CM-7639-CII-2025 The present application has been filed for placing on record the copies of the pleadings, relating to other litigation, pending between the parties to the lis.

In view of the averments made in the application, same is allowed and the requisite documents are taken on record. Main case Perusal of the paperbook reveals that, as per the observations made in the order dated 18.02.2025, service of the respondent was duly effected. However, on that date he had not made appearance. Even on the subsequent dates, he had not made appearance. Today also, he has not made appearance. 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 i.e. HMA/46/2024, titled 'Ranjeet Singh Vs. Rajwinder Kaur', filed by the respondent-husband, pending in the Family Court, Fatehgarh Sahib and she seeks transfer of the same to the Court of competent jurisdiction at Patiala. At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 14.02.2020. One son born from the said wedlock, who is about 3 years old, 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 as such, is dependent upon her parental family. Even, she has filed the petition under Section 125 Cr.P.C. i.e.

MNT-125/116/2024 and the petition under Section 12 of the Protection of Women from Domestic Violence Act i.e. COMA/2067/2024, which are pending in the Courts at Patiala and the respondent is making appearance in both the said petitions. Also, it is submitted that the petition under the Guardians and Wards Act, filed by the respondent, is also pending in the Courts at Patiala. Considering the same and also taking into consideration the fact of the minor child living in the care and custody of the applicant, who is not having any source of earning, it is submitted that the transfer application be allowed.

transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/46/2024, titled 'Ranjeet Singh Vs. Rajwinder Kaur', filed by the respondent-husband, stands transferred from the Family Court, Fatehgarh Sahib, to the Court of competent jurisdiction at Patiala. The requisite record of the aforesaid case be sent by the Family Court, Fatehgarh Sahib, to the District and Sessions Judge, Patiala. Learned District and Sessions Judge, Patiala, shall assign the said petition to the Family Court, Patiala. Even, the parties are directed to appear before the Family Court, Patiala, within a period of one month from today onwards.

(ARCHANA PURI) 29.04.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No