Gurpreet Kaur v. Bhupinderpal Singh And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.105 Date of Decision: 01.08.2025 GURPREET KAUR ....Applicant

Versus

BHUPINDERPAL SINGH AND OTHERS .....Respondents

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Geetika Rani, Advocate for the applicant.

None for respondent No.1 (sole contesting respondent). None for proforma respondents No.2 and 3.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 08.05.2025, despite service, respondent No.1, who is the sole contesting respondent), did not make appearance on that date. Even today, he has not made appearance. As such, respondent No.1 is proceeded against ex parte. Also, there is no representation on behalf of respondents No.2 and 3 today, who had made appearance through counsel on the previous date of hearing. However, they are the proforma respondents. Counsel for the applicant heard.

The applicant-Gurpreet Kaur has filed the present application for seeking transfer of the civil suit i.e. CS/2378/2024, titled 'Bhupinderpal Singh Vs. Gurpreet Kaur and others', filed by respondent No.1 (father-inlaw of the applicant), pending in the Courts at Amritsar and she seeks transfer of the same to the Court of competent jurisdiction at Ludhiana.

It is submitted by the counsel for the applicant that the marriage of the applicant was solemnized with Harinder Singh, son of respondent No.1, on 14.02.2016. One daughter born from the said wedlock, who is about 9 years old, is in the care and custody of the applicant. However, there is a matrimonial dispute of the applicant, with her husband-Harinder Singh and both the parties are indulging in various litigation, on account of this dispute, the detail whereof is mentioned in paragraph No.5 of the application.

Also, it is submitted by the counsel that some of the litigation, on the transfer applications filed by the applicant, has already been transferred from Amritsar to Ludhiana. In this regard, reference is made to orders dated 16.12.2020 and 10.08.2022, passed by this Court, in TA-5272020 and TA-519-2023, copies whereof are Annexures P-2 and P-3, respectively, which related to the transfer of the petition under Section 9 of the Hindu Marriage Act filed by the son of respondent No.1 and transfer of civil suit, filed by respondent No.1. Besides the same, even reference is made to order dated 13.02.2024 passed in CRM-M-7415-2024, copy whereof is Annexure P-4, which related to transfer of the petition under Section 12 of the Protection of Women from Domestic Violence Act. The said petition was also transferred from Amritsar to Ludhiana.

From the material brought forth, it is evident that the suit in hand, is also an offshoot of the matrimonial dispute of the son of respondent No.1, with the applicant. One case filed by the applicant, relating to the matrimonial dispute with her husband, has already been transferred to the Courts at Ludhiana. Even, one civil suit, earlier filed by respondent No.

Domestic Violence Act, have also been transferred to the Courts at Ludhiana.

In view of the aforesaid circumstances, it is evident that, as detailed in paragraph No.5 of the application, as well as the orders, Annexures P-2 to P-4, the major chunk of the litigation with the son of respondent No.1, as well as one suit filed by respondent No.1, is already pending in the Courts at Ludhiana.

In view of the aforesaid factual scenario, more particularly, taking into consideration the very fact about the respondent having not come forward to resist the application, the transfer application is allowed and the civil suit i.e. CS/2378/2024, titled 'Bhupinderpal Singh Vs. Gurpreet Kaur and others', filed by respondent No.1 (father-in-law of the applicant), stands transferred from the Courts at Amritsar, to the Court of competent jurisdiction at Ludhiana. The requisite record of the aforesaid case be sent by the Court concerned, to the District and Sessions Judge, Ludhiana. Learned District and Sessions Judge, Ludhiana, shall assign the said petition to the Court of competent jurisdiction at Ludhiana. Even, the parties are directed to appear before the concerned Court, within a period of one month from today onwards.

(ARCHANA PURI) 01.08.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No