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High Court of Punjab and HaryanaTA/1650/2024allowed

Ganeet Kaur v. Gagandeep Singh

2026-01-15Mrs. Justice Archana Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.257 Date of Decision: 15.01.2026 GANEET KAUR ....Applicant

Versus

GAGANDEEP SINGH .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 03.11.2025, 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.

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/1400/2024, titled 'Gagandeep Singh Vs. Ganeet Kaur', filed by the respondent-husband, pending in the Family Court, Bathinda and she seeks transfer of the same to the Court of competent jurisdiction at Patiala.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 04.09.2021. One daughter born from the said wedlock, who is about 2 years old, is in the care and custody of the applicant. The applicant is working as a 'Staff Nurse' in the T.B. Hospital, in the campus of Rajindra Hospital, Patiala and due to her job exigencies and the minor child, she is unable to pursue the divorce petition, pending in the Courts at Bathinda. Further, it is submitted that the applicant has filed the petition under Section 9 of the Hindu Marriage Act, which is pending in the Courts at Patiala. After filing of the transfer application, the applicant has filed the petition under the Protection of Women from Domestic Violence Act, which is also pending in the Courts at Patiala. Both the said cases are at the appearance stage. The distance between the two places is 156 kms.

Considering the constrained circumstances, as noted aforesaid, more particularly, considering the custody of the daughter being with the applicant, who is also working and as such, she must be facing challenges in the upbringing of the minor child 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. DMC/1400/2024, titled 'Gagandeep Singh Vs. Ganeet Kaur', filed by the respondent-husband, stands transferred from the Family Court, Bathinda, to the Court of competent jurisdiction at Patiala. The requisite record of the aforesaid case be sent by the Family Court, Bathinda, to the District and Sessions Judge, Patiala.

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

(ARCHANA PURI) 15.01.2026 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No