Allowed

Harinder Kaur v. Gurmukh Singh

Punjab & Haryana HC8 May 2025TA/402/2024

Case brief

AI extract

What is this about?

Wife sought transfer of her husband's Section 9 Hindu Marriage Act petition from Gurdaspur to Pathankot. Respondent was proceeded ex parte after failing to appear despite service. Citing the wife's convenience, her pending Section 125 CrPC maintenance case and care of the minor child, the High Court allowed the transfer.

What did the court decide?

Petition under Section 9 HMA (HMA/741/2023) transferred from Family Court, Gurdaspur to Family Court, Pathankot; record to be sent and parties to appear within one month.

Harinder Kaur Vs Gurmukh Singh — Matrimonial and Divorce | Punjab & Haryana HC (2025)

¶1

¶2

TA-402-2024

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

Sr. No.211

¶5

TA-402-2024 Date of Decision: 08.05.2025

HARINDER KAUR

....Applicant

Versus

GURMUKH SINGH

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

¶12

Present:Mr. Dinesh Mahajan, Advocate for the applicant.

¶13

None for the respondent.

¶14

¶15

ARCHANA PURI, J. (Oral)

¶16

As observed in the order dated 11.12.2024, respondent did not make appearance on that date, despite service. Today also, none has made appearance on his behalf. As such, respondent is proceeded against ex parte .

¶17

The applicant/wife has filed the present application for seeking transfer of the petition under Section 9 of the Hindu Marriage Act i.e. HMA/741/2023 titled “ Gurmukh Singh v/s Harinder Kaur ”, filed by the respondent/husband, which is pending in the courts at Gurdaspur and she seeks transfer of the same to the court of competent jurisdiction at Pathankot.

¶18

At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties was solemnized on 25.11.2017 and one son born from the said wedlock, aged about 7½ years, is in the care and custody of the applicant. On account of matrimonial dispute, Sonu the parties are residing separate. The applicant is not having any source of 2025.05.09 14:47 I attest to the accuracy and authenticity of this document

¶19

¶20

TA-402-2024

¶21

earning and she is dependant upon her parental family. The applicant had filed petition under Section 125 Cr.P.C., which is pending in the courts at Pathankot and the respondent is making appearance in the same. In the given circumstances, a prayer for transfer of the petition under Section 9 of Hindu Marriage Act, has been made.

¶22

Considering the aforesaid and also taking into consideration the preference generally given by the courts to the convenience of the wife, more particularly, when the respondent has not come forward to resist the application and the petition under Section 125 Cr.P.C., already pending in the courts at Pathankot and also considering the fact that the applicant is taking care of the minor son, the transfer application, as such, is hereby allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/741/2023 titled “ Gurmukh Singh v/s Harinder Kaur ”, filed by the respondent/husband, stands transferred from the Family Court, Gurdaspur to the Family Court, Pathankot. The requisite record of the aforesaid case be sent by the Family Court, Gurdaspur to the District and Sessions Judge, Pathankot.

¶23

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

¶24

08.05.2025

¶25

(ARCHANA PURI) JUDGE

¶26

Sonu

¶27

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

¶28

Sonu 2025.05.09 14:47 I attest to the accuracy and authenticity of this document

Harinder Kaur v. Gurmukh Singh

Case brief

What is this about?

What did the court decide?

Harinder Kaur v. Gurmukh Singh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Amandeep Kaur Vs Baljeet Singh

Anju Sharma Vs Chetan Sharma

Karmdeep Kaur Vs Mandeep Singh

Dhire Vs Randhir and Ors.

Raj Singh Vs Kamaljit Kaur and Anr.

Aanchal Saini Mehta Vs Gurkirat Singh Mehta and Others