Manpreet Kaur v. Dilpreet Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.105 Date of Decision: 29.05.2025 MANPREET KAUR ....Applicant

Versus

DILPREET SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Ashwani Bakshi and Mr. C.M. Rathee, Advocates for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 22.05.2025, 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. HMA/159/2024, titled 'Dilpreet Singh Vs. Manpreet Kaur', filed by the

respondent-husband, pending in the Family Court (Camp Court) Derabassi, District SAS Nagar and she seeks transfer of the same to the Court of competent jurisdiction at Shahabad, District Kurukshetra. 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 06.09.2021. One daughter born from the said wedlock, who is about 2 1⁄2 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 and is dependent upon her parental family. Even, the applicant has filed the petition under Section 125 Cr.P.C.

and the petition under Section 9 of the Hindu Marriage Act, which are pending in the Courts at Shahabad and the respondent is making appearance in the same. Also, the respondent is facing trial in the Courts at Shahabad, relating to FIR bearing No.585 dated 03.09.2023, under Sections 323, 406, 498-A and 506 IPC, got lodged by the applicant at Police Station Shahabad, District Kurukshetra. In the given circumstances, it is submitted that it is difficult for the applicant, to defend the divorce petition, pending at Derabassi.

In view of the submissions aforesaid, more particularly, when the applicant is not having any source of earning and is taking care of the minor daughter and also considering the fact of 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/159/2024, titled 'Dilpreet Singh Vs.

Derabassi, District SAS Nagar, to the Court of competent jurisdiction at Shahabad, District Kurukshetra. The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Derabassi, to the District and Sessions Judge, Kurukshetra.

Learned District and Sessions Judge, Kurukshetra, shall assign the said petition to the Family Court (Camp Court) Shahabad. Even, the parties are directed to appear before the Family Court (Camp Court) Shahabad, within a period of one month from today onwards. (ARCHANA PURI) 29.05.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No