Manpreet Kaur v. Jagdeep Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.223 Date of Decision: 03.12.2025 MANPREET KAUR ....Applicant

Versus

JAGDEEP SINGH .....Respondent

CORAM:

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

Mr. S.P.S.Sandhu, 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/195/2024, titled 'Jagdeep Singh v/s Manpreet Kaur', filed by the respondent-husband, pending in the Family Court, Jagraon, District Ludhiana and she seeks transfer of the same to Family Court, Samana, District Patiala.

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

Counsel for the parties heard.

At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties, had taken place on 01.12.2021 and one son born from the said wedlock, is in the care and

 custody of the applicant. However, on account of the matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning and therefore, she has filed petition under Section 125 Cr.P.C., which is pending in the courts at Samana and the respondent is making appearance in the same. The distance between the two places is stated to be 140 kms.

On the other hand, counsel for the respondent submits that it shall be too harsh for the respondent also, to pursue the petition under Section 9 of Hindu Marriage Act, in case the transfer application is accepted, as he is pursuing the litigation through attorney, who is a diabetic person. In view of the submissions made at the instance of the respondent, it is pertinent to mention that though it is stated that the petition under Section 9 of Hindu Marriage Act, is pursued through attorney holder, but however, there is no material, as such, coming on record, with regard to this assertion.

Considering the same as well as taking into consideration the applicant taking care of the minor child, while herself having no source of earning as well as the maintenance petition, already pending in the courts at Samana, District Patiala, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/195/2024, titled 'Jagdeep Singh v/s Manpreet Kaur', filed by the respondent-husband, stands transferred from the Family Court, Jagraon, District Ludhiana, to the Family Court, Samana, District Patiala. The requisite record of the aforesaid case be sent by the Family Court, Jagraon, to the District and Sessions Judge, Patiala.

 Learned District and Sessions Judge, Patiala, shall assign the said petition to the Family Court (Camp Court), Samana. Even, the parties are directed to appear before the Family Court (Camp Court), Samana, within a period of one month from today onwards. (ARCHANA PURI) 03.12.2025 JUDGE Sonu Saini Whether speaking/reasoned :

Yes Whether reportable :

Yes/No