Mandeep Kaur v. Jagmohan Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.202 Date of Decision: 24.03.2026 MANDEEP KAUR ....Applicant

Versus

JAGMOHAN SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Jasinder Singh Sekhon, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) As observed in the order dated 22.01.2026, despite service, the respondent did not make appearance, on that date. On the subsequent date also, none had made appearance on his behalf. Even today, the respondent has not made appearance.

As such, 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/851/2024, titled 'Jagmohan Singh v/s Mandeep Kaur, filed by the respondent-husband, pending in the Family Court, Hoshiarpur and she seeks transfer of the same to the Court of competent jurisdiction at Ludhiana.

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 01.12.2019 and one son born from the said wedlock, who is about 4 years old, is in the care and custody of the applicant. On account of matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning and she together with the child, are dependent upon her parental family. Also, it is submitted that the petition for seeking maintenance, is pending in the courts at Ludhiana, which is still at the appearance stage. The distance between the two places is stated to be 80 kms.

In view of the submissions made aforesaid, it is pertinent to mention that while adjudicating on the transfer applications, relating to the matrimonial dispute, various factors ought to be taken into consideration and then balancing of convenience/inconvenience ought to be done. The most weighing and relevant factor in the present case, is about the four years child, born from the estranged marriage, to be in the care and custody of the applicant and she is taking care of the said child, while herself having no source of earning.

In view of the aforesaid fact situation and taking into consideration the fact of the applicant taking care of the minor child, while herself having no source of earning and also considering the distance between the two places and above it also taking into consideration the fact of respondent, having not come forward to resist the transfer application, the same is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/851/2024, titled 'Jagmohan Singh v/s Mandeep Kaur, filed by the

respondent-husband, stands transferred from the Family Court, Hoshiarpur, to the Court of competent jurisdiction at Ludhiana. The requisite record of the aforesaid case be sent by the Family Court, Hoshiarpur, 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) 24.03.2026 JUDGE Sonu Saini Whether speaking/reasoned :

Yes Whether reportable :

Yes/No