Anju Vs Amandeep Singh — Matrimonial and Divorce | Punjab & Haryana HC (2025)

Anju Vs Amandeep Singh — Matrimonial and Divorce | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer of the petition under Section 13(1)(ia)(ib) of the Hindu Marriage Act (HMA/1390/2024, 'Amandeep Singh v/s Anju') from the Family Court, Karnal to the Court of competent jurisdiction at Jind; record to be sent to the District and Sessions Judge, Jind for assignment to the Family Court, Jind; parties to appear before the Family Court, Jind within one month.

Issue for consideration

Whether the transfer application filed by the applicant-wife should be allowed, transferring the divorce petition under Section 13(1)(ia)(ib) of the Hindu Marriage Act (HMA/1390/2024, 'Amandeep Singh v/s Anju') filed by the respondent-husband from the Family Court, Karnal to the Court of competent jurisdiction at Jind.

Court's answer

The transfer application is allowed; the petition under Section 13(1)(ia)(ib) of the Hindu Marriage Act (HMA/1390/2024) filed by the respondent-husband stands transferred from the Family Court, Karnal to the Court of competent jurisdiction at Jind.

Ratio / Principle

The requisite record of the transferred case shall be sent by the Family Court, Karnal to the District and Sessions Judge, Jind.

Key takeaways

The learned District and Sessions Judge, Jind, shall assign the said petition to the Family Court, Jind.ratio¶24
The parties are directed to appear before the Family Court, Jind, within a period of one month.ratio¶24

Detailed headnote1 paragraphs

Transfer Application allowed - wife's plea accepted on respondent's no-objection and convenience grounds. Anju (applicant-wife) sought transfer of the divorce petition under Section 13(1)(ia)(ib) of the Hindu Marriage Act (Case HMA/1390/2024, 'Amandeep Singh v/s Anju') filed by her husband Amandeep Singh, pending in the Family Court, Karnal, to the Court of competent jurisdiction at Jind. Grounds taken: the couple's son, about 3 years old, is in the care and custody of the applicant; the applicant's petition under Section 144 of the Bhartiya Nagarik Suraksha Sanhita is pending in the courts at Jind; and the respondent faces trial in FIR No.22 dated 24.08.2024 under Sections 108, 3(5) of BNSS. Counsel for the respondent submitted that he did not intend to file a reply and had no objection if the transfer application was accepted. Held: the petition stands transferred from the Family Court, Karnal to the Court of competent jurisdiction at Jind; the requisite record is to be sent by the Family Court, Karnal to the District and Sessions Judge, Jind, who shall assign the petition to the Family Court, Jind; the parties are directed to appear before the Family Court, Jind within one month. By Archana Puri, J. (Oral); decision dated 26.08.2025.

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TA-232-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.125

TA-232-2025

Date of Decision: 26.08.2025

ANJU

....Applicant

Versus

AMANDEEP SINGH

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. Sahil Dalal, Advocate for the applicant. (Through video conferencing).

ARCHANA PURI, J. (Oral)

Mr. Rahul Singh, Advocate, has made appearance on behalf of the respondent and filed Power of Attorney, which is taken on record. Counsel for the respondent submits that he does not intend to file reply and the respondent has no objection, if the transfer application is accepted.

In view of the submission made, it is pertinent to mention that the present application has been filed for seeking transfer of the petition under Section 13 (1) (ia) (ib) of the Hindu Marriage Act i.e. HMA/1390/2024, titled ‘Amandeep Singh v/s Anju’, filed by the respondenthusband, pending in the Family Court, Karnal and she seeks transfer of the same to the Court of competent jurisdiction at Jind.

It is submitted by the counsel for the applicant that one son born from the wedlock of the parties, who is about 3 years old, is in the care and custody of the applicant. Also, on account of matrimonial dispute, the applicant had filed petition under Section 144 of Bhartiya Nagarik Suraksha

Sonu 2025.08.27 10:22 I agree to specified portions of this document P&HHC

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TA-232-2025

Sanhita, which is pending in the courts at Jind and the respondent is pursuing the same. Besides the same, the respondent is also facing trial in FIR No.22 dated 24.08.2024 under Section 108, 3(5) of BNSS.

In view of the mitigating circumstances aforesaid as well as the statement made by the counsel for the respondent, the transfer application is allowed and the petition under Section 13 (1) (ia) (ib) of the Hindu Marriage Act i.e. HMA/1390/2024, titled ‘Amandeep Singh v/s Anju’, filed by the respondent-husband, stands transferred from the Family Court, Karnal to the Court of competent jurisdiction at Jind. The requisite record of the aforesaid case be sent by the Family Court, Karnal, to the District and Sessions Judge, Jind.

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

26.08.2025			(ARCHANA PURI) JUDGE
Sonu
	Whether speaking/reasoned	:	Yes
	Whether reportable	:	Yes/No

Sonu 2025.08.27 10:22 I agree to specified portions of this document P&HHC