Rajinder Kaur v. Harvinder Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.205 Date of Decision: 05.08.2025 RAJINDER KAUR ....Applicant

Versus

HARVINDER SINGH .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) Perusal of the paperbook reveals that earlier, the respondent had made appearance through Mr. Lovepreet Handa, Advocate, who filed the memorandum of appearance. Power of Attorney, as well as reply, were ordered to follow. However, on the subsequent date, none had appeared on behalf of the respondent, as observed in the order dated 05.05.2025. Today also, none has made appearance on behalf of the respondent. Even, reply as well as the Power of Attorney, have not been filed as yet. 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 9 of the Hindu Marriage Act i.e. HMA/1942/2024, titled 'Harvinder Singh Vs. Rajinder Kaur', filed by the respondent-husband, pending in the Family Court, Ludhiana and she seeks transfer of the same to the Court of competent jurisdiction at Jalandhar. It is submitted that the marriage between the parties had taken place on 25.12.2009. Two children born from the said wedlock, who are in the age group of 13-15 years, are in the care and custody of the applicant. Also, it is submitted that the applicant is not having any source of earning and is dependent upon her parental family. Even, the applicant had filed the petition under Section 12 of the Protection of Women from Domestic Violence Act, which is pending in the Courts at Jalandhar and the respondent is making appearance in the same.

Considering the aforesaid mitigating circumstances, more particularly, considering the fact of the respondent, having not come forward to resist the application, as well as taking into consideration the fact of the respondent already making appearance in one case, which is pending in the Courts at Jalandhar, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/1942/2024, titled 'Harvinder Singh Vs. Rajinder Kaur', filed by the respondent-husband, stands transferred from the Family Court, Ludhiana, to the Court of competent jurisdiction at Jalandhar. The requisite record of the aforesaid case be sent

by the Family Court, Ludhiana, to the District and Sessions Judge, Jalandhar.

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

(ARCHANA PURI) 05.08.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No