Amarjit Kaur v. Makhan Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.115 Date of Decision: 26.09.2025 AMARJIT KAUR ....Applicant

Versus

MAKHAN SINGH .....Respondent

CORAM:

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

Respondent proceeded against ex parte vide order dated 23.09.2025.

***** 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. DMC/221/2025, titled 'Makhan Singh Vs. Amarjit Kaur', filed by the respondent-husband, pending in the Family Court (Camp Court) Nakodar, District Jalandhar and she seeks transfer of the same to the Court of competent jurisdiction at Bholath, District Kapurthala. 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 13.12.2006. In the year 2008, one daughter was born from the said wedlock, who is in the care and custody of the applicant. She is 17 years old and presently studying in Guru Nanak Prem Karamsar School, Nadala, District Kapurthala. The applicant is not having any source of earning. On account of this matrimonial dispute, the applicant has filed the petition under Section 125 Cr.P.C. i.e. MNT/8/2023, as well as the petition under the Protection of Women from Domestic Violence Act i.e. COMA/9/2023, which are pending in the Courts at Bholath, District Kapurthala and the respondent is pursuing the aforesaid litigation. In the given circumstances, it is submitted that it is difficult for the applicant, to commute a distance of about 75 kms., more particularly, while taking care of the growing child.

In view of the mitigating circumstances aforesaid, more particularly, considering the growing daughter to be in the custody of the applicant, who is also studying in District Kapurthala 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. DMC/221/2025, titled 'Makhan Singh Vs. Amarjit Kaur', filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Nakodar, District Jalandhar, to the Court of competent jurisdiction at Bholath, District Kapurthala. The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Nakodar, to the District and Sessions Judge, Kapurthala.

Learned District and Sessions Judge, Kapurthala, shall assign the said petition to the Family Court (Camp Court) Bholath. Even, the parties are directed to appear before the Family Court (Camp Court) Bholath, within a period of one month from today onwards. (ARCHANA PURI) 26.09.2025 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No