Amandeep Kaur Vs Baljeet Singh — Domestic Violence | Punjab & Haryana HC (2025)

Amandeep Kaur Vs Baljeet Singh — Domestic Violence | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petition under Section 9 of the Hindu Marriage Act filed by the respondent/husband (HMA/258/2023), pending in the courts at SAS Nagar, should be transferred to the court of competent jurisdiction at Yamunanagar on the applicant/wife's request. +1 more

Court's answer

The transfer application is dismissed; however, the applicant retains the option to make appearance through virtual mode by filing an application before the court concerned, which shall pass an appropriate order considering the requirement of presence in person.

Ratio / Principle

The applicant's claimed ill health is not evident: the health issues were not specified in the application and no medical record was placed on record.

Key takeaways

Solely on account of the applicant being a woman, the benefit of transfer of the litigation cannot be given, more particularly when it is civil litigation; the applicant is a confident, well-educated lady.ratio¶27

Detailed headnote1 paragraphs

Transfer Application TA-403-2024 (O&M), High Court of Punjab and Haryana at Chandigarh (Archana Puri, J., oral), decided 07.05.2025 — dismissed. Amandeep Kaur, applicant/wife, sought transfer of her husband Baljeet Singh's petition under Section 9 of the Hindu Marriage Act (HMA/258/2023, titled 'Baljit Singh v/s Amandeep Kaur'), pending at SAS Nagar, to Yamunanagar, pleading unemployment, a distance of about 110 kms and certain health issues; parallel proceedings (FIR No.238 dated 29.10.2023 under Sections 323, 406, 498-A, 506 IPC; complaint under Sections 12, 18, 19, 20, 22 of the Protection of Women from Domestic Violence Act; petition under Section 125 Cr.P.C.) were already pending at Yamunanagar with the respondent appearing in all three. The court found the health claim unsupported — the ailments were unspecified and no medical record was produced — and, noting the applicant is a confident, well-educated lady (B.Sc. Fashion Technology and B.Ed., as admitted by her), held that being a woman alone cannot attract the benefit of transfer of civil litigation. The applicant was left free to seek virtual-mode appearance before the court concerned, which is to pass an appropriate order keeping in view the requirement of physical presence.

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TA-403-2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.113

TA-403-2024 (O&M) Date of Decision: 07.05.2025

AMANDEEP KAUR

....Applicant

Versus

BALJEET SINGH

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Applicant-in-person, along with Mr. Rohit Kumar, Advocate.

Respondent-in-person, along with Dr. Payel Mehta, Advocate.

ARCHANA PURI, J. (Oral)

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/258/2023 titled “ Baljit Singh v/s Amandeep Kaur ”, filed by the respondent/husband, which is pending in the courts at SAS Nagar and she seeks transfer of the same to the court of competent jurisdiction at Yamunanagar.

Upon notice, the respondent has made appearance through counsel and filed the reply.

Counsel for the parties heard.

At the very outset, it is submitted by the counsel for the

applicant that the marriage between the parties was solemnized on 04.10.2022, but no child was born from the said wedlock. However, on account of matrimonial dispute, the parties are residing separate. The

Anu 2025.05.08 16:35 I attest to the accuracy and authenticity of this document Chandigarh

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TA-403-2024 (O&M)

applicant has got lodged an FIR NO.238 dated 29.10.2023 under Section 323, 406, 498-A, 506 IPC. Even, complaint under Section 12, 18, 19, 20, 22 of the Protection of Women from Domestic Violence Act as well as petition under Section 125 Cr.P.C. have been filed, which are pending in the courts at Yamunanagar and the respondent is making appearance in all the three cases. It is further submitted that the applicant is unemployed and as such, has no source of income. The distance between the two places is stated to be 110 kms. As such, it is difficult for the applicant to commute such distance, to defend the divorce petition.

On the other hand, counsel for the respondent while making reference to the reply, submits that the applicant is self sufficient lady, as she graduated in B.Sc. Fashion Technology and B.Ed. As such, she should not be facing any difficulty in defending the aforesaid litigation.

In view of the submissions made aforesaid by the counsel for the respondent, on query put to the applicant, who is present before the court today, she has admitted that she is graduate in B.Sc. Fashion Technology and B.Ed. She appear to be pretty confident, but however, she submits that on account of certain health issues, it is difficult for her to commute the distance of about 110 kms, to defend the aforesaid litigation.

In view of the submissions made aforesaid, it is pertinent to mention that the applicant had herself stated about having some health issues, but the same has not been specified in the application. No medical record, as such, has also been placed on record. Thus, the version of applicant having ill health, as such, is not evident. She is confident lady, who is well educated. In the given circumstances, solely on account of her being woman, as such, cannot be given benefit of transfer of the aforesaid litigation, more particularly, when it is the civil litigation.

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TA-403-2024 (O&M)

As such, the present application is hereby dismissed. However, the applicant always has the option to make appearance through virtual mode, by way of filing of an application before the court concerned and the court concerned shall pass an appropriate order on the same, thereby considering the requirement of presence, in person.

07.05.2025

(ARCHANA PURI) JUDGE

Sonu

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

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