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

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

What the court decided

AI extract

Outcome

Petition HMA/1/2025 ('Gurpreet Singh v/s Amandeep Kaur') under Section 9 of the Hindu Marriage Act transferred from the Family Court (Camp Court), Mukerian, District Hoshiarpur to the Court of competent jurisdiction at SAS Nagar (Mohali); Family Court, Mukerian directed to send the requisite record to the District and Sessions Judge, SAS Nagar (Mohali), who shall assign the petition to the Family Court, SAS Nagar (Mohali); parties directed to appear before the Family Court, SAS Nagar (Mohali) within one month.

Issue for consideration

Whether the applicant-wife's transfer application should be allowed, so that the respondent-husband's petition under Section 9 of the Hindu Marriage Act (HMA/1/2025, 'Gurpreet Singh v/s Amandeep Kaur'), pending before the Family Court (Camp Court), Mukerian, District Hoshiarpur, is transferred to the Court of competent jurisdiction at SAS Nagar (Mohali).

Court's answer

The transfer application is allowed: in view of the mitigating circumstances — particularly that the applicant is taking care of the minor child and that the respondent did not come forward to resist the transfer application — the petition under Section 9 of the Hindu Marriage Act (HMA/1/2025, 'Gurpreet Singh v/s Amandeep Kaur') stands transferred from the Family Court (Camp Court), Mukerian, District Hoshiarpur to the Court of competent jurisdiction at SAS Nagar (Mohali).

Detailed headnote1 paragraphs

Punjab and Haryana High Court (Archana Puri, J.), by order dated 21.08.2025 in TA-421-2025 (O&M), allowed the applicant-wife's transfer application and ordered transfer of the respondent-husband's petition under Section 9 of the Hindu Marriage Act (HMA/1/2025, 'Gurpreet Singh v/s Amandeep Kaur') from the Family Court (Camp Court), Mukerian, District Hoshiarpur to the Court of competent jurisdiction at SAS Nagar (Mohali). Grounds: the applicant is taking care of the minor son (about 6 years old); her petition under Section 125 Cr.P.C., complaint under Section 12 of the Protection of Women from Domestic Violence Act, and divorce petition HMA/349/2023 are already pending at Mohali, where the respondent is making appearance; she finds it difficult to commute about 220 kms; and the respondent, despite service, did not appear and was proceeded against ex parte. The Family Court, Mukerian is to send the record to the District and Sessions Judge, SAS Nagar (Mohali), who shall assign the petition to the Family Court, SAS Nagar (Mohali); the parties are directed to appear there within one month. Held reportable-worthy notation: 'Yes/No'; speaking/reasoned: Yes.

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TA-421-2025 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.251

TA-421-2025 (O&M) Date of Decision: 21.08.2025

AMANDEEP KAUR

....Applicant

Versus

GURPREET SINGH

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. Arun Dogra, 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 9 of the Hindu Marriage Act i.e. HMA/1/2025 titled ‘Gurpreet Singh v/s Amandeep Kaur’, filed by the respondent-husband, pending in the Family Court (Camp Court), Mukerian, District Hoshiarpur and she seeks transfer of the same to the Court of competent jurisdiction at SAS Nagar (Mohali).

At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 09.03.2013 and one son born from the said wedlock, who is about 6 years old, is in the care and custody of the applicant. On account of the Sonu matrimonial dispute, the parties are residing separate. The applicant has 2025.08.22 09:58 I agree to specified portions of this document P&HHC

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TA-421-2025 (O&M)

filed the petition under Section 125 Cr.P.C. as well as complaint under Section 12 of Protection of Women from Domestic Violence Act and also the divorce petition i.e. HMA/349/2023, which are pending in the courts at Mohali and the respondent is making appearance in all the three cases. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 220 kms to defend the petition under Section 9 of Hindu Marriage Act.

In view of the mitigating circumstances aforesaid, more particularly, when the applicant is taking care of the minor child and also considering the respondent having not come forward to resist the transfer application, the same is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/1/2025 titled ‘Gurpreet Singh v/s Amandeep Kaur’, filed by the respondent-husband, stands transferred from the Family Court, Family Court (Camp Court), Mukerian, District Hoshiarpur to the Court of competent jurisdiction at SAS Nagar (Mohali). The requisite record of the aforesaid case be sent by the Family Court, Mukerian to the District and Sessions Judge, SAS Nagar (Mohali).

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

(ARCHANA PURI) 21.08.2025 JUDGE Sonu Whether speaking/reasoned : Yes Whether reportable : Yes/No

Sonu 2025.08.22 09:58 I agree to specified portions of this document P&HHC