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High Court of Punjab and HaryanaTA/1475/2024allowed

Kuldip Kaur Alias Kuldeep Kaur v. Shamsher Singh Alias Samsher Singh

2025-05-22Mrs. Justice Archana Puri2 pages

TA-1475-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.133 TA-1475-2024 Date of Decision: 22.05.2025 KULDIP KAUR ALIAS KULDEEP KAUR ....Applicant

Versus

SHAMSHER SINGH ALIAS SAMSHER SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. G.S. Jossan, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 13.05.2025, despite service, the respondent did not make appearance on that date. Even today, he has not made appearance. As such, the respondent is proceeded against ex parte.

The 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. DMC/935/2024, titled ' Shamsher Singh Vs. Kuldip Kaur', filed by the respondent-husband, pending in the Family Court, Hisar and she seeks transfer of the same to the Court of competent jurisdiction at Zira, District Ferozepur.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 25.03.2014, but no child was born from the said wedlock. On account of the matrimonial dispute, the Sonu 2025.05.23 08:47 I agree to specified portions of this document P&HHC

TA-1475-2024 parties are residing separate. The applicant is not having any source of earning and is totally dependent upon her mother. In the given circumstances, it is submitted that it is difficult for her to commute a distance of about 250 kilometres, to defend the divorce petition. In view of the submissions aforesaid, more particularly considering the fact of the respondent, having not come forward to resist the application; the distance between the two places; and also considering the fact of the applicant, not having any source of earning, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. DMC/935/2024, titled ' Shamsher Singh Vs. Kuldip Kaur', filed by the respondent-husband, stands transferred from the Family Court, Hisar, to the Court of competent jurisdiction at Zira, District Ferozepur. The requisite record of the aforesaid case be sent by the Family Court, Hisar, to the District and Sessions Judge, Ferozepur.

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

(ARCHANA PURI) 22.05.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.05.23 08:47 I agree to specified portions of this document P&HHC