Harpreet Kaur Vs Sukhdeep Singh — Domestic Violence | Punjab & Haryana HC (2025)

Harpreet Kaur Vs Sukhdeep Singh — Domestic Violence | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Petition under Section 13 of the Hindu Marriage Act, titled 'Sukhdeep Singh Vs. Harpreet Kaur' (Annexure P-3), transferred from the Family Court (Camp Court) Ratia, District Fatehabad, to the Court of competent jurisdiction at Phul, District Bathinda; record to be sent to the District and Sessions Judge, Bathinda, for assignment to the Family Court (Camp Court) Phul; parties to appear before the Family Court (Camp Court) Phul within one month.

Issue for consideration

Whether the divorce petition under Section 13 of the Hindu Marriage Act, titled 'Sukhdeep Singh Vs. Harpreet Kaur', pending before the Family Court (Camp Court) Ratia, District Fatehabad, should be transferred to the Court of competent jurisdiction at Phul, District Bathinda, on the applicant-wife's request.

Court's answer

The transfer application is allowed: considering that the respondent-husband himself is residing in Portugal and is contesting through an attorney holder, the distance between the two places is 120 kilometres, and two petitions under Section 125 Cr.P.C. and one petition under Section 12 of the Protection of Women from Domestic Violence Act are already pending in the Courts at Phul, the husband's divorce petition under Section 13 of the Hindu Marriage Act stands transferred from the Family Court (Camp Court) Ratia, District Fatehabad, to the Court of competent jurisdiction at Phul, District Bathinda.

Ratio / Principle

Directions issued for implementation: the requisite record of the transferred case is to be sent by the Family Court (Camp Court) Ratia to the District and Sessions Judge, Bathinda, who shall assign the petition to the Family Court (Camp Court) Phul; the parties are directed to appear before the Family Court (Camp Court) Phul within one month.

Detailed headnote1 paragraphs

Transfer Application allowed — Wife's application to transfer husband's divorce petition under Section 13 of the Hindu Marriage Act, titled 'Sukhdeep Singh Vs. Harpreet Kaur', from the Family Court (Camp Court) Ratia, District Fatehabad, to the Court of competent jurisdiction at Phul, District Bathinda, allowed. Grounds: respondent-husband himself residing in Portugal and prosecuting the divorce petition through attorney holder; distance between the two places about 120 kilometres; and two petitions under Section 125 Cr.P.C. and one petition under Section 12 of the Protection of Women from Domestic Violence Act already pending at Phul where the respondent appears through attorney holder. Transfer unopposed — counsel for respondent stated he had no objection. Requisite record to be sent to the District and Sessions Judge, Bathinda, for assignment to the Family Court (Camp Court) Phul; parties directed to appear there within one month. (Punjab & Haryana High Court, Archana Puri, J., 24.03.2025)

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TA-435-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.232

TA-435-2024 Date of Decision: 24.03.2025

HARPREET KAUR

....Applicant

Versus

SUKHDEEP SINGH

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. Rahul, Advocate for Mr. Lupil Gupta, Advocate for the applicant.

Mr. Munish Kamboj, Advocate for the respondent.

ARCHANA PURI, J. (Oral)

The applicant-wife has filed the present application for seeking transfer of the petition under Section 13 of the Hindu Marriage Act, titled ‘Sukhdeep Singh Vs. Harpreet Kaur’ (Annexure P-3) , filed by the respondent-husband, pending in the Family Court (Camp Court) Ratia, District Fatehabad and she seeks transfer of the same to the Court of competent jurisdiction at Phul, District Bathinda.

In pursuance of the notice issued, the respondent made appearance through counsel. However, reply has not been filed. Rather, the counsel for the respondent submits that he has no objection if the transfer application is allowed and the divorce petition is transferred from the Courts at Ratia, District Fatehabad, to the Court of competent jurisdiction at Bathinda.

In view of the submissions made aforesaid, it is pertinent to

Anu 2025.03.25 15:48 I attest to the accuracy and integrity of this document

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TA-435-2024

mention that the respondent himself is residing in Portugal and the divorce petition has been filed through his attorney holder. Copy of the divorce petition is Annexure P-3. Also, there is one daughter born from the said wedlock, who is stated to be in the custody of the parents of the respondent.

Considering the submissions aforesaid and also considering the fact of the respondent living abroad and the distance between the two places to be 120 kilometres and more particularly, considering the two other petitions under Section 125 Cr.P.C. and the petition under Section 12 of the Protection of Women from Domestic Violence Act, to be already pending in the Courts at Phul, where the respondent is making appearance through attorney holder, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act, titled ‘Sukhdeep Singh Vs. Harpreet Kaur’ (Annexure P-3) , filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Ratia, District Fatehabad, to the Court of competent jurisdiction at Phul, District Bathinda. The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Ratia, to the District and Sessions Judge, Bathinda.

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

24.03.2025			(ARCHANA PURI) JUDGE
Himanshu
	Whether speaking/reasoned	:	Yes
	Whether reportable	:	Yes/No

Anu 2025.03.25 15:48 I attest to the accuracy and integrity of this document