Ramanjit Kaur v. Jaswinder Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.104 Date of Decision: 15.05.2025 RAMANJIT KAUR ....Applicant

Versus

JASWINDER PAL SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. K.C. Dhiman, Advocate for the applicant.

Mr. P.K. Bansal, Advocate for the respondent.

***** ARCHANA PURI, J. (Oral) 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/126/2023, titled 'Ramanjit Kaur Vs. Jaswinder Pal Singh', filed by the respondent-husband, pending in the Family Court, Sri Muktsar Sahib and she seeks transfer of the same to the Court of competent jurisdiction at Ludhiana.

Upon notice, the respondent made appearance through counsel and filed reply.

The counsel for the parties heard.

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 10.03.2023, but no child was born from the said wedlock. On account of the matrimonial dispute, the parties are residing separate. The applicant is residing at her parental place. Also, she is not having any source of income. Even, she has filed the petition under Section 125 Cr.P.C., which is pending in the Courts at Ludhiana and the respondent is making appearance in the same. The distance between the two places is stated to be about 165 kilometres.

On the other hand, the counsel for the respondent submits that the applicant is a well-educated lady and as such, she can very well pursue the petition under Section 9 of the Hindu Marriage Act, while it remains pending in the Courts at Sri Muktsar Sahib.

In view of the rival submissions aforesaid, it is pertinent to mention that the applicant is not having any source of income. One case arising from the matrimonial dispute, filed at the instance of the applicant, is already pending in the Courts at Ludhiana, which is being pursued by the respondent. Also, the distance between the two places is about 165 kilometres. As such, it would be difficult for the applicant, to defend the litigation, while not having any source of earning. Considering the aforesaid circumstances, it is just and expedient to accept the application. Hence, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/126/2023, titled 'Ramanjit Kaur Vs. Jaswinder Pal Singh', filed by the respondent-

husband, stands transferred from the Family Court, Sri Muktsar Sahib, to the Court of competent jurisdiction at Ludhiana. The requisite record of the aforesaid case be sent by the Family Court, Sri Muktsar Sahib, to the District and Sessions Judge, Ludhiana.

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

(ARCHANA PURI) 15.05.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No