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2025 DAILYLAW 36356 (PNJ)

HARPREET KAUR v. SUKHDEEP SINGH

TA/435/2024 · 2025-03-24

Archana Puri

Public Interest Litigationbody2025

Judgment text

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1 TA-435-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Sr. No.232 TA-435-2024 Date of Decision: 24.03.2025 HARPREET KAUR ....Applicant Versus SUKHDEEP SINGH .....Respondent CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Rahul, Advocate for Mr. Lupil Gupta, Advocate for the applicant. Mr. Munish Kamboj, Advocate for the respondent. ***** 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, titled ‘Sukhdeep Singh Vs. Harpreet Kaur’ (Annexure P-3), filed by the respondent-husband, pending in the Family Court (Camp Court) Ratia, District Fatehabad and she seeks transfer of the same to the Court of competent jurisdiction at Phul, District Bathinda. In pursuance of the notice issued, the respondent made appearance through counsel. However, reply has not been filed. Rather, the counsel for the respondent submits that he has no objection if the transfer application is allowed and the divorce petition is transferred from the Courts at Ratia, District Fatehabad, to the Court of competent jurisdiction at Bathinda. In view of the submissions made aforesaid, it is pertinent to Anu 2025.03.25 15:48 I attest to the accuracy and integrity of this document 2 TA-435-2024 mention that the respondent himself is residing in Portugal and the divorce petition has been filed through his attorney holder. Copy of the divorce petition is Annexure P-3. Also, there is one daughter born from the said wedlock, who is stated to be in the custody of the parents of the respondent. Considering the submissions aforesaid and also considering the fact of the respondent living abroad and the distance between the two places to be 120 kilometres and more particularly, considering the two other petitions under Section 125 Cr.P.C. and the petition under Section 12 of the Protection of Women from Domestic Violence Act, to be already pending in the Courts at Phul, where the respondent is making appearance through attorney holder, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act, titled ‘Sukhdeep Singh Vs. Harpreet Kaur’ (Annexure P-3), filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Ratia, District Fatehabad, to the Court of competent jurisdiction at Phul, District Bathinda. The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Ratia, to the District and Sessions Judge, Bathinda. Learned District and Sessions Judge, Bathinda, shall assign the said petition to the Family Court (Camp Court) Phul. Even, the parties are directed to appear before the Family Court (Camp Court) Phul, within a period of one month from today onwards. (ARCHANA PURI) 24.03.2025 JUDGE Himanshu Whether speaking/reasoned : Yes Whether reportable : Yes/No Anu 2025.03.25 15:48 I attest to the accuracy and integrity of this document