Daljeet Kaur Vs Maninder Singh — Maintenance and Alimony | Punjab & Haryana HC (2026)

Daljeet Kaur Vs Maninder Singh — Maintenance and Alimony | Punjab & Haryana HC (2026)

What the court decided

AI extract

Outcome

Transfer of the respondent-husband's petition under Section 9 of the Hindu Marriage Act (HMA/48/2022) and his petition under the Guardian and Wards Act (GW/29/2022) from the Family Court, Fatehgarh Sahib to the Court of competent jurisdiction at Ludhiana; record to be sent to the District and Sessions Judge, Ludhiana for assignment to the Family Court, Ludhiana; parties to appear before the Family Court, Ludhiana within one month.

Issue for consideration

Whether the petitions filed by the respondent-husband — the petition under Section 9 of the Hindu Marriage Act (HMA/48/2022, 'Maninder Singh v/s Daljit Kaur') and the petition under the Guardian and Wards Act (GW/29/2022, 'Maninder Singh v/s Daljeet Kaur'), pending in the Family Court, Fatehgarh Sahib — should be transferred to the Court of competent jurisdiction at Ludhiana.

Court's answer

The transfer application is allowed: the petition under Section 9 of the Hindu Marriage Act (HMA/48/2022, 'Maninder Singh v/s Daljit Kaur') and the petition under the Guardian and Wards Act (GW/29/2022, 'Maninder Singh v/s Daljeet Kaur'), filed by the respondent-husband, stand transferred from the Family Court, Fatehgarh Sahib to the Court of competent jurisdiction at Ludhiana.

Ratio / Principle

The transfer was allowed considering that the applicant has custody of the school-going child, she herself has no source of earning, the respondent is not complying with the court's order regarding payment of interim maintenance, and the respondent did not come forward to resist the transfer application.

Key takeaways

Implementing directions: the requisite record of the transferred cases is to be sent by the Family Court, Fatehgarh Sahib to the District and Sessions Judge, Ludhiana, who shall assign the petitions to the Family Court, Ludhiana; the parties are directed to appear before the Family Court, Ludhiana within one month.ratio¶27

Detailed headnote1 paragraphs

Punjab and Haryana High Court at Chandigarh (Archana Puri, J., oral judgment; decided 09.02.2026) allowed the applicant-wife's transfer application TA-611-2025 (O&M) and ordered transfer of the respondent-husband's two pending cases from the Family Court, Fatehgarh Sahib to the Court of competent jurisdiction at Ludhiana: (i) the petition under Section 9 of the Hindu Marriage Act, HMA/48/2022, titled 'Maninder Singh v/s Daljit Kaur', and (ii) the petition under the Guardian and Wards Act, GW/29/2022, titled 'Maninder Singh v/s Daljeet Kaur'. Despite service, the respondent-husband did not appear on 11.08.2025, on subsequent dates or on the hearing date, and was proceeded against ex parte. Grounds relied upon: the applicant-mother has care and custody of the about 6-year-old school-going son born of the marriage of 03.02.2019; she has no source of earning and depends on her parental family; the respondent is not complying with the interim maintenance order passed in her Section 125 Cr.P.C. petition (he was proceeded against ex parte therein, and an execution petition for recovery of arrears remains pending with no appearance by him); and he did not come forward to resist the transfer application. The Family Court, Fatehgarh Sahib is to send the requisite record to the District and Sessions Judge, Ludhiana, who shall assign the petitions to the Family Court, Ludhiana; the parties are directed to appear before the Family Court, Ludhiana within one month.

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TA-611-2025 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.108

TA-611-2025 (O&M) Date of Decision: 09.02.2026

DALJEET KAUR

....Applicant

Versus

MANINDER SINGH

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. Kuldeep Singh, Advocate for the applicant.

None for the respondent.

ARCHANA PURI, J. (Oral)

As observed in the order dated 11.08.2025, despite service, the respondent did not make appearance and on the subsequent dates also, the respondent did not make appearance. Even today, he has not made appearance. As such, 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/48/2022, titled ‘Maninder Singh v/s Daljit Kaur, as well as the petition under Guardian and Wards Act i.e. ‘GW/29/2022’ titled ‘ Maninder Singh v/s Daljeet Kaur’ filed by the respondent-husband, pending in the Family Court, Fatehgarh Sahib and she seeks transfer of the same to the Court of competent jurisdiction at Ludhiana.

SONU 2026.02.10 09:02 I attest to the accuracy and authenticity of this document

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TA-611-2025 (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 03.02.2019 and one son born from the said wedlock, who is about 6 years old, is in the care and custody of the applicant. The applicant is not having any source of earning and she together with the minor son, are dependent upon her parental family. Even, she has filed the petition under Section 125 Cr.P.C., wherein the respondent at first instance, had made appearance and the order of interim maintenance was passed. Thereafter, the respondent did not make appearance and, as such, was proceeded against ex parte . Even, the execution petition, has been filed for seeking recovery of the arrears of interim maintenance, which is still pending and the respondent has not made appearance, as yet.

Considering the aforesaid submissions, more particularly, considering the applicant to be having the custody of the school going child, who herself is having no source of earning and even the respondent is not complying with the order passed by the court, with regard to the payment of interim maintenance and above it, considering the fact of the respondent having not come forward to resist the transfer application, the same is allowed and the petition under Section petition under Section 9 of the Hindu Marriage Act i.e. HMA/48/2022, titled ‘Maninder Singh v/s Daljit Kaur, as well as the petition under Guardian and Wards Act i.e. ‘GW/29/2022’ titled ‘ Maninder Singh v/s Daljeet Kaur’ filed by the respondent-husband, stand transferred from the Family Court, Fatehgarh Sahib, to the Court of competent jurisdiction at Ludhiana. The requisite record of the aforesaid cases be sent by the Family Court, Fatehgarh Sahib, to the District and Sessions Judge, Ludhiana.

SONU 2026.02.10 09:02 I attest to the accuracy and authenticity of this document

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TA-611-2025 (O&M)

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

(ARCHANA PURI) 09.02.2026 JUDGE Sonu Saini Whether speaking/reasoned : Yes Whether reportable : Yes/No

SONU 2026.02.10 09:02 I attest to the accuracy and authenticity of this document