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2025 DAILYLAW 13100 (PNJ)

GURMEET KAUR v. RANJIT SINGH

TA/59/2024 · 2025-05-12

Archana Puri

body2025

Judgment text

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1 TA-59-2024 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Sr. No.143 TA-59-2024 (O&M) Date of Decision: 12.05.2025 GURMEET KAUR ....Applicant Versus RANJIT SINGH .....Respondent CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. B.S. Bhalla, Advocate for the applicant. Respondent proceeded against ex parte vide order dated 07.05.2025. ***** ARCHANA PURI, J. (Oral) 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/2077/2022, titled ‘Ranjit Singh Vs. Gurmeet Kaur’, filed by the respondent-husband, pending in the Family Court, Jalandhar and she seeks transfer of the same to the Court of competent jurisdiction at Moga. Upon notice, the respondent did not make appearance, despite service and as such, was proceeded against ex parte. The counsel for the applicant heard. Poonam 2025.05.12 05:20 I attest to the accuracy and integrity of this document 2 TA-59-2024 (O&M) 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 24.10.2011. Two daughters born from the said wedlock, who are aged 11 years and 6 years, are in the care and custody of the applicant, at present. Also, it is submitted that the applicant is not working and as such, has no source of earning. She is totally dependent upon her parental family. Even, she has filed the petition under Section 125 Cr.P.C., which is pending in the Courts at Moga and the respondent is making appearance in the same. In the given circumstances, it is submitted that it is difficult for the applicant, to commute a distance of about 85 kilometres, to defend the divorce petition, more particularly, while she is not having any source of earning and taking care of two minor daughters. In view of the submissions aforesaid and considering the fact that generally the Courts lean towards the convenience of wife in case of transfer applications relating to the matrimonial disputes, more particularly, when the respondent has not come forward to resist the application; considering the applicant to be taking care of two daughters, while not having any source of earning; and also considering the distance between the two stations, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. DMC/2077/2022, titled ‘Ranjit Singh Vs. Gurmeet Kaur’, filed by the respondent-husband, stands transferred from the Family Court, Jalandhar, to the Court of competent jurisdiction at Moga. The requisite record of the aforesaid case be sent by the Family Court, Jalandhar, to the District and Sessions Judge, Moga. Poonam 2025.05.12 05:20 I attest to the accuracy and integrity of this document 3 TA-59-2024 (O&M) Learned District and Sessions Judge, Moga, shall assign the said petition to the Family Court, Moga. Even, the parties are directed to appear before the Family Court, Moga, within a period of one month from today onwards. Pending civil miscellaneous application also stands disposed of. (ARCHANA PURI) 12.05.2025 JUDGE Himanshu Whether speaking/reasoned : Yes Whether reportable : Yes/No Poonam 2025.05.12 05:20 I attest to the accuracy and integrity of this document