Lakhvir Kaur v. Sarbjit Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.208 Date of Decision: 02.12.2025 LAKHVIR KAUR ....Applicant

Versus

SARBJIT SINGH .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As observed in the previous order, despite service, respondent did not make appearance. Even today, he has not made appearance. As such, the respondent is proceeded against ex parte. Counsel for the applicant heard.

The applicant-wife has filed the present application for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. HMA/122/2025, titled 'Sarbjit Singh Vs. Lakhvir Kaur', filed by the respondent-husband, pending in the Family Court, SBS Nagar and she seeks transfer of the same to the Court of competent jurisdiction at Malerkotla.

It is submitted by the counsel for the applicant that the marriage between the parties had taken place on 26.06.2022. One daughter, born from the said wedlock, who is about 21⁄2 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. Even, she has filed the petition under Section 125 of Cr.P.C., as well as complaint under the Protection of Women from Domestic Violence Act i.e. COMA/137/2024, which are pending in the Courts at Malerkotla. Besides the same, the respondent is also facing trial, in the Courts at Malerkotla, relating to FIR bearing No.70 of 2024, under Sections 323, 498-A and 506 IPC, got lodged by the applicant at Women Police Station, Malerkotla.

The distance between the two places is stated about 100 kilometres. In view of the constrained circumstances, as spelt out aforesaid and considering the fact of three other litigations, already pending against the respondent in the Courts in Malerkotla, which are being pursued by him, more particularly, the criminal case, wherein, he is required to make appearance on each and every date of hearing 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. HMA/122/2025, titled 'Sarbjit Singh Vs. Lakhvir Kaur', filed by the respondent-husband, stands transferred from the Family Court, SBS Nagar, to the Court of competent jurisdiction at Malerkotla.

The requisite record of the aforesaid case be sent by the Family Court, SBS Nagar, to the District and Sessions Judge, Malerkotla.

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

Pending civil miscellaneous application also stands disposed of. (ARCHANA PURI) 02.12.2025 JUDGE Preeti S.

Whether speaking/reasoned :

Yes Whether reportable :

Yes/No