Amarpreet Kaur Vs Harpreet Singh — Domestic Violence | Punjab & Haryana HC (2026)

Amarpreet Kaur Vs Harpreet Singh — Domestic Violence | Punjab & Haryana HC (2026)

What the court decided

AI extract

Outcome

Transfer of the divorce petition under Section 13 of the Hindu Marriage Act, DMC/503/2024 titled 'Harpreet Singh v/s Amarbir Kaur', from the Family Court, Ferozepur to the Court of competent jurisdiction at Tarn Taran, with directions for transmission of the record to the District and Sessions Judge, Tarn Taran, assignment of the petition to the Family Court, Tarn Taran, and appearance of the parties there within one month.

Issue for consideration

Whether the divorce petition under Section 13 of the Hindu Marriage Act (DMC/503/2024, 'Harpreet Singh v/s Amarbir Kaur') pending before the Family Court, Ferozepur should be transferred to the Court of competent jurisdiction at Tarn Taran, as sought by the applicant-wife.

Court's answer

Taking into account the respondent's failure to come forward to resist the transfer application (he resides abroad and prosecuted the divorce petition through his father as attorney holder, while he and his parents remain non-appearing accused in the challaned FIR) and the 100 km distance between the two places, the transfer application is allowed and the divorce petition under Section 13 of the Hindu Marriage Act (DMC/503/2024) stands transferred from the Family Court, Ferozepur to the Court of competent jurisdiction at Tarn Taran.

Ratio / Principle

The requisite record of the transferred case is to be sent by the Family Court, Ferozepur to the District and Sessions Judge, Tarn Taran.

Key takeaways

The learned District and Sessions Judge, Tarn Taran, is to assign the transferred petition to the Family Court, Tarn Taran.ratio¶¶28
The parties are directed to appear before the Family Court, Tarn Taran within a period of one month from the date of the order.ratio¶¶28

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Archana Puri, J., oral) – TA-245-2025, decided 15.01.2026: Wife's unopposed transfer application allowed; respondent-husband had been proceeded ex parte (order dated 09.07.2025) and, though residing abroad, had instituted the divorce petition under Section 13 of the Hindu Marriage Act (DMC/503/2024, 'Harpreet Singh v/s Amarbir Kaur') before the Family Court, Ferozepur through his attorney holder Swaran Singh (his father). Applicant-wife cited FIR No.5 dated 18.01.2020 under Sections 498-A and 406 IPC at Police Station Chohla Sahib, District Tarn Taran, in which the respondent and his parents are accused who have not appeared despite presentation of challan, her complaint under Section 12 of the Protection of Women from Domestic Violence Act dismissed in default, and the approximately 100 km distance between the forums. Petition transferred to the Court of competent jurisdiction at Tarn Taran; requisite record to be sent by the Family Court, Ferozepur to the District and Sessions Judge, Tarn Taran, who shall assign it to the Family Court, Tarn Taran; parties directed to appear there within one month. Marked speaking/reasoned: Yes; reportable: Yes/No.