Gurmeet Kaur Vs Ranjit Singh — Maintenance and Alimony | Punjab & Haryana HC (2025)

Gurmeet Kaur Vs Ranjit Singh — Maintenance and Alimony | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer of divorce petition DMC/2077/2022 ('Ranjit Singh Vs. Gurmeet Kaur') under Section 13 of the Hindu Marriage Act from the Family Court, Jalandhar to the Court of competent jurisdiction at Moga; requisite record to be sent by the Family Court, Jalandhar to the District and Sessions Judge, Moga for assignment to the Family Court, Moga; parties directed to appear before the Family Court, Moga within one month; pending civil miscellaneous application disposed of.

Issue for consideration

Whether the transfer application of the applicant-wife for shifting the divorce petition (Section 13, Hindu Marriage Act; DMC/2077/2022, 'Ranjit Singh Vs. Gurmeet Kaur') from the Family Court, Jalandhar to the Court of competent jurisdiction at Moga should be allowed.

Court's answer

The transfer application is allowed; the petition under Section 13 of the Hindu Marriage Act (DMC/2077/2022, 'Ranjit Singh Vs. Gurmeet Kaur') filed by the respondent-husband stands transferred from the Family Court, Jalandhar to the Court of competent jurisdiction at Moga.

Ratio / Principle

Courts generally lean towards the convenience of the wife in transfer applications relating to matrimonial disputes; the transfer was allowed particularly because the respondent did not come forward to resist the application, the applicant is taking care of two daughters while having no source of earning, and considering the distance between the two stations.

Key takeaways

The requisite record of the case is to be sent by the Family Court, Jalandhar to the District and Sessions Judge, Moga, who shall assign the petition to the Family Court, Moga.ratio¶¶23
The parties are directed to appear before the Family Court, Moga within a period of one month.ratio¶¶27

Detailed headnote1 paragraphs

Punjab & Haryana High Court (TA-59-2024 (O&M), decided 12.05.2025) — Archana Puri, J. (Oral) allowed the transfer application filed by the applicant-wife Gurmeet Kaur seeking transfer of the divorce petition under Section 13 of the Hindu Marriage Act (DMC/2077/2022, 'Ranjit Singh Vs. Gurmeet Kaur'), filed by the respondent-husband Ranjit Singh and pending in the Family Court, Jalandhar, to the Court of competent jurisdiction at Moga. The respondent had been proceeded against ex parte vide order dated 07.05.2025 despite service. Grounds relied upon: courts generally lean towards the convenience of the wife in transfer applications relating to matrimonial disputes; the applicant is taking care of two minor daughters (aged 11 and 6) born of the marriage of 24.10.2011, has no source of earning and depends on her parental family; she has a petition under Section 125 Cr.P.C. pending at Moga where the respondent makes appearance; and the distance between the two stations is about 85 kilometres. The requisite record is to be sent by the Family Court, Jalandhar to the District and Sessions Judge, Moga, who shall assign the petition to the Family Court, Moga; the parties are directed to appear before the Family Court, Moga within one month; the pending civil miscellaneous application stands disposed of.

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TA-59-2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.143

TA-59-2024 (O&M) Date of Decision: 12.05.2025

GURMEET KAUR

....Applicant

Versus

RANJIT SINGH

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. B.S. Bhalla, Advocate for the applicant.

Respondent proceeded against ex parte vide order dated 07.05.2025.

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 i.e. DMC/2077/2022, titled ‘Ranjit Singh Vs. Gurmeet Kaur’, filed by the respondent-husband, pending in the Family Court, Jalandhar and she seeks transfer of the same to the Court of competent jurisdiction at Moga.

Upon notice, the respondent did not make appearance, despite service and as such, was proceeded against ex parte .

The counsel for the applicant heard.

Poonam 2025.05.12 05:20 I attest to the accuracy and integrity of this document

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TA-59-2024 (O&M)

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 24.10.2011. Two daughters born from the said wedlock, who are aged 11 years and 6 years, are in the care and custody of the applicant, at present. Also, it is submitted that the applicant is not working and as such, has no source of earning. She is totally dependent upon her parental family. Even, she has filed the petition under Section 125 Cr.P.C., which is pending in the Courts at Moga and the respondent is making appearance in the same. In the given circumstances, it is submitted that it is difficult for the applicant, to commute a distance of about 85 kilometres, to defend the divorce petition, more particularly, while she is not having any source of earning and taking care of two minor daughters.

In view of the submissions aforesaid and considering the fact that generally the Courts lean towards the convenience of wife in case of transfer applications relating to the matrimonial disputes, more particularly, when the respondent has not come forward to resist the application; considering the applicant to be taking care of two daughters, while not having any source of earning; and also considering the distance between the two stations, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. DMC/2077/2022, titled ‘Ranjit Singh Vs. Gurmeet Kaur’, filed by the respondent-husband, stands transferred from the Family Court, Jalandhar, to the Court of competent jurisdiction at Moga. The requisite record of the aforesaid case be sent by the Family Court, Jalandhar, to the District and Sessions Judge, Moga.

Poonam 2025.05.12 05:20 I attest to the accuracy and integrity of this document

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TA-59-2024 (O&M)

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

Pending civil miscellaneous application also stands disposed of.

12.05.2025 Himanshu

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

Poonam 2025.05.12 05:20 I attest to the accuracy and integrity of this document