Navjot Kaur Vs Navjot Singh Gill Alias Navjot Singh — Domestic Violence | Punjab & Haryana HC (2025)

Navjot Kaur Vs Navjot Singh Gill Alias Navjot Singh — Domestic Violence | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Petition under Section 9 of the Hindu Marriage Act (HMA/12714/2024, 'Navjot Singh Gill Vs. Navjot Kaur') transferred from the Family Court, Ludhiana to the Court of competent jurisdiction at Amritsar; requisite record to be sent by the Family Court, Ludhiana to the District and Sessions Judge, Amritsar, who shall assign the petition to the Family Court, Amritsar; parties directed to appear before the Family Court, Amritsar within one month.

Issue for consideration

Whether the petition under Section 9 of the Hindu Marriage Act (HMA/12714/2024) filed by the respondent-husband, pending in the Family Court, Ludhiana, should be transferred to the Court of competent jurisdiction at Amritsar.

Court's answer

The transfer application is allowed: considering the mitigating circumstances (applicant-wife dependent on her parental family, her other proceedings pending at Amritsar, distance of about 141 km) and, more particularly, the respondent having not come forward to resist the application despite service, the Section 9 HMA petition stands transferred from the Family Court, Ludhiana to the Court of competent jurisdiction at Amritsar.

Detailed headnote1 paragraphs

Punjab & Haryana High Court, Chandigarh (Archana Puri, J., oral; decided 25.09.2025) allowed TA-694-2025, the applicant-wife's transfer application. The respondent-husband's petition under Section 9 of the Hindu Marriage Act (HMA/12714/2024, 'Navjot Singh Gill Vs. Navjot Kaur'), pending in the Family Court, Ludhiana, stands transferred to the Court of competent jurisdiction at Amritsar. Grounds: the respondent, though served, did not appear on 29.08.2025 or subsequently and was proceeded against ex parte; the applicant-wife has no source of earning and depends on her parental family; her Section 125 Cr.P.C. petition (MNT-125/524/2024) and her petition under Sections 12 and 13 of the Protection of Women from Domestic Violence Act are pending in the Courts at Amritsar; the distance between the two places is about 141 kilometres. The requisite record is to be sent to the District and Sessions Judge, Amritsar, who shall assign the petition to the Family Court, Amritsar; the parties are directed to appear before the Family Court, Amritsar within one month.

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TA-694-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.207

TA-694-2025 Date of Decision: 25.09.2025

NAVJOT KAUR

....Applicant

Versus

NAVJOT SINGH GILL @ NAVJOT SINGH

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. Raghav Soni, Advocate for the applicant.

None for the respondent.

ARCHANA PURI, J. (Oral)

As per the observations made in the order dated 29.08.2025, despite service, the respondent did not make appearance on that date. Even today, he has not made appearance. As such, the respondent is proceeded against ex parte .

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/12714/2024, titled ‘Navjot Singh Gill Vs. Navjot Kaur’, filed by the respondent-husband, pending in the Family Court, Ludhiana and she seeks transfer of the same to the Court of competent jurisdiction at Amritsar.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 21.04.2024, but no child was born from the said wedlock. On account of the matrimonial dispute, the parties are residing separate. The applicant is not having any source of

Sonu 2025.09.26 16:17 I am the author of this document Chandigarh

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TA-694-2025

earning and as such, is dependent upon her parental family. She has filed the petition under Section 125 Cr.P.C. i.e. MNT-125/524/2024, as well as the petition under Sections 12 and 13 of the Protection of Women from Domestic Violence Act, which are pending in the Courts at Amritsar. The respondent is making appearance in the maintenance petition, whereas the counsel is not aware about the status of appearance of the respondent in the petition under the Protection of Women from Domestic Violence Act. The distance between the two places is stated to be about 141 kilometres.

Considering the aforesaid mitigating circumstances and more particularly, considering the fact about the respondent having not come forward to resist the application, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/12714/2024, titled ‘Navjot Singh Gill Vs. Navjot Kaur’, filed by the respondent-husband, stands transferred from the Family Court, Ludhiana, to the Court of competent jurisdiction at Amritsar. The requisite record of the aforesaid case be sent by the Family Court, Ludhiana, to the District and Sessions Judge, Amritsar.

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

(ARCHANA PURI) 25.09.2025 JUDGE Himanshu Vats Whether speaking/reasoned : Yes Whether reportable : Yes/No

Sonu 2025.09.26 16:17 I am the author of this document Chandigarh