Harpreet Kaur Vs Jagtessh Singh — Maintenance and Alimony | Punjab & Haryana HC (2025)

Harpreet Kaur Vs Jagtessh Singh — Maintenance and Alimony | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer of the respondent-husband's petition under Section 7 of the Guardianship and Wards Act (GW/81/2024, 'Jagtesh Singh v/s Harpreet Kaur') from Family Court, Bathinda to Family Court, Jagraon, District Ludhiana; record to be sent to the District and Sessions Judge, Ludhiana for assignment to the Family Court (Camp Court), Jagraon; parties to appear before the Family Court (Camp Court), Jagraon within one month.

Issue for consideration

Whether the petition under Section 7 of the Guardianship and Wards Act (GW/81/2024) filed by the respondent-husband, pending in Family Court, Bathinda, should be transferred to Family Court, Jagraon, District Ludhiana.

Court's answer

The transfer application is allowed in view of the aforesaid mitigating circumstances and because other litigation arising from the matrimonial dispute is already pending at Family Court, Jagraon.

Ratio / Principle

Despite service, the respondent did not appear on the last date of hearing nor on the day of this hearing; accordingly, the respondent is proceeded against ex parte.

Key takeaways

The respondent's failure to come forward to resist the transfer application was an additional ground for allowing the transfer.ratio¶23
The petition under Section 7 of the Guardianship and Wards Act, GW/81/2024 ('Jagtesh Singh v/s Harpreet Kaur'), filed by the respondent-husband, stands transferred from Family Court, Bathinda to the Court of competent jurisdiction at Family Court, Jagraon, District Ludhiana.ratio¶23
The requisite record of GW/81/2024 is to be sent by Family Court, Bathinda to the District and Sessions Judge, Ludhiana.ratio

Detailed headnote1 paragraphs

Punjab and Haryana High Court (Archana Puri, J., oral order dated 08.08.2025) allowed the applicant-wife's transfer application TA-198-2025 and transferred the respondent-husband's petition under Section 7 of the Guardianship and Wards Act (GW/81/2024, 'Jagtesh Singh v/s Harpreet Kaur') from Family Court, Bathinda to Family Court, Jagraon, District Ludhiana. The respondent, though served, did not appear and was proceeded against ex parte. Grounds: connected matrimonial litigation already pending at Jagraon — a criminal complaint under Sections 323, 324, 294, 420, 406, 498-A, 120, 467, 468, 34 IPC, a petition under Section 125 Cr.P.C., and the divorce petition DMC/902/2024 (already transferred from Bathinda to Jagraon vide order dated 08.04.2025 in TA-1480-2024) — coupled with the respondent's failure to resist the transfer application. The requisite record is to be sent by Family Court, Bathinda to the District and Sessions Judge, Ludhiana, who shall assign the petition to the Family Court (Camp Court), Jagraon; the parties were directed to appear there within one month.

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TA-198-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.223

TA-198-2025 Date of Decision: 08.08.2025

HARPREET KAUR

....Applicant

Versus

JAGTESH SINGH

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. Priyanshu Kamra, Advocate for the applicant.

None for the respondent.

ARCHANA PURI, J. (Oral)

Perusal of the paperbook reveals that on the last date of hearing, despite service, the respondent did not make appearance. 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 7 of the Guardianship and Wards Act i.e. GW/81/2024, titled ‘Jagtesh Singh v/s Harpreet Kaur’, filed by the respondent-husband, pending in the Family Court, Bathinda and she seeks transfer of the same to Family Court, Jagraon, District Ludhiana.

Sonu 2025.08.11 17:59 I agree to specified portions of this document P&HHC

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TA-198-2025

At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties had taken place on 31.01.2019 and one son born from the said wedlock, who is about 5 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. She has filed complaint under Section 323, 324, 294, 420, 406, 498-A, 120, 467, 468, 34 IPC, against the respondent, which is pending in the courts at Jagraon. Besides the same, she has filed petition under Section 125 Cr.P.C., which is pending in Family Court, Jagraon, District Ludhiana and the respondent is making appearance in the same. Also, it is submitted that the respondent had filed the divorce petition i.e. DMC/902/2024 titled “ Jagtesh Singh v/s Harpreet Kaur ” at Bathinda and the same with the intervention of this court, was transferred to the Family Court, Jagraon, District Ludhiana, vide order dated 08.04.2025, passed in TA-1480-2024.

In view of the aforesaid mitigating circumstances and taking into consideration the fact of other litigation arising from this matrimonial dispute already pending at Family Court, Jagraon and furthermore, the respondent having not come forward to resist the transfer application, the same is allowed and the petition under Section 7 of the Guardianship and Wards Act i.e. GW/81/2024, titled ‘Jagtesh Singh v/s Harpreet Kaur’, filed by the respondent-husband, stands transferred from the Family Court, Bathinda to the Court of competent jurisdiction at Family Court, Jagraon, District Ludhiana. The requisite record of the aforesaid case be sent by the Family Court, Bathinda to the District and Sessions Judge, Ludhiana.

Sonu 2025.08.11 17:59 I agree to specified portions of this document P&HHC

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TA-198-2025

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

(ARCHANA PURI) 08.08.2025 JUDGE

Sonu

Whether speaking/reasoned : Yes Whether reportable : Yes/No

Sonu 2025.08.11 17:59 I agree to specified portions of this document P&HHC