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2025 DAILYLAW 4367 (PNJ)

GURPREET KAUR v. JAGPAL SINGH

TA/1166/2025 · 2026-02-19

Archana Puri

body2025

Judgment text

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1 TA-1166-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Sr. No.204 TA-1166-2025 Date of Decision: 19.02.2026 GURPREET KAUR ....Applicant Versus JAGPAL SINGH .....Respondent CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Rishav Jain, Advocate for the applicant. None for the respondent. ***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 14.11.2025, despite service, the respondent did not make appearance on that date. Even on the subsequent date i.e. 22.01.2026, he has not made appearance. Today also, 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. HMA/159/2025, titled ‘Jagpal Singh Vs. Gurpreet Kaur’, filed by the respondent-husband, pending in the Family Court, Mansa and she seeks SONU 2026.02.20 09:59 I attest to the accuracy and authenticity of this document 2 TA-1166-2025 transfer of the same to the Court of competent jurisdiction at Sunam, District Sangrur. It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 28.02.2009. Two children born from the said wedlock, one son, aged about 14 years and one daughter, aged about 10 years, are 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 she, together with her children, is dependent upon her parental family. She has filed the complaint under the Protection of Women from Domestic Violence Act i.e. COMA/53/2023, which is pending in the Courts at Sunam and the respondent is pursuing the same. Therein, interim maintenance was fixed by the Court, but however, the respondent did not comply with the said order and thereupon, execution i.e. CRM/454/2024, has been filed. Also, it is submitted that till date, the respondent has not cleared the arrears of maintenance. The distance between the two places is stated to be about 50 kms. on one side. In view of the aforesaid fact situation, taking into consideration the fact of two grown up children, born from the estranged marriage, to be in the care and custody of the applicant, while she herself has no source of earning; fact of another litigation, arising from this matrimonial dispute, already pending in the Courts at Sunam; the conduct of the respondent in not complying with the order of interim maintenance, on which account, the applicant was constrained to file the execution and above it, considering the fact about the respondent having not come forward to resist the application, SONU 2026.02.20 09:59 I attest to the accuracy and authenticity of this document 3 TA-1166-2025 the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/159/2025, titled ‘Jagpal Singh Vs. Gurpreet Kaur’, filed by the respondent-husband, stands transferred from the Family Court, Mansa, to the Court of competent jurisdiction at Sunam, District Sangrur. The requisite record of the aforesaid case be sent by the Family Court, Mansa, to the District and Sessions Judge, Sangrur. Learned District and Sessions Judge, Sangrur, shall assign the said petition to the Family Court (Camp Court) Sunam. Even, the parties are directed to appear before the Family Court (Camp Court) Sunam, within a period of one month from today onwards. (ARCHANA PURI) 19.02.2026 JUDGE Himanshu Vats Whether speaking/reasoned : Yes Whether reportable : Yes/No SONU 2026.02.20 09:59 I attest to the accuracy and authenticity of this document