Jasmine Kaur Jasmeen Kaur Jasmine Kaur Jasmee v. Shubhdeep Singh Shubhdeep Singh

MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Mr. A.S. Khinda, Advocate Present: Mr. A.S. Khinda, Advocate for the applicant/petitioner. for the applicant/petitioner. None for the respondent. None for the respondent **** HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) wife, by way of present case, seeks transfer of The applicant-wife, by way of present case, seeks transfer of wife, by way of present case, seeks transfer of The applicant divorce petition bearing no. HMA-228 of 2025 divorce petition bearing no. Shubhdeep Singh of 2025, titled “Shubhdeep Singh Vs. Jasmeen Kaur , filed under Section 13 of the Hindu Marriage Act, Jasmeen Kaur”, filed under Section 13 of the Hindu Marriage Act, , filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as “ hereinafter to be referred as “divorce petition ) at the instance of divorce petition”) at the instance of husband; from the Court of learned Additional Principal Judge, respondent-husband; from the Court of learned Additional Principal Judge, husband; from the Court of learned Additional Principal Judge, husband; from the Court of learned Additional Principal Judge, Family Court, Amritsar learned Family Court at Kapurthala. learned Family Court at Kapurthala Amritsar to the Court of learned Family Court at Kapurthala [2] Briefly stating, Briefly stating, Briefly stating, Briefly stating, the marriage between the marriage between the marriage between the marriage between the petitioner and the petitioner and the petitioner and the petitioner and respondent was solemnized on 26.02.2023 respondent was solemnized on out of their wedlock, one son, 26.02.2023; out of their wedlock, one son, account of namely, Parasdeep Singh, was born on 20.04.2024; on account of namely, Parasdeep Singh, was born on 20.04.2024 namely, Parasdeep Singh, was born on 20.04.2024 matrimonial discord between the parties, the above mentioned divorce matrimonial discord between the parties, the above mentioned divorce matrimonial discord between the parties, the above mentioned divorce matrimonial discord between the parties, the above mentioned divorce husband. petition came to be preferred at the instance of respondent-husband. petition came to be preferred at the instance of respondent petition came to be preferred at the instance of respondent came to be the present application seeking transfer thereof came to be the present application seeking transfer Thereupon, the present application seeking transfer filed by the applicant-wife. filed by the applicant 2 TA No.502 of 202 2025 [3] , contends that the Learned counsel for the applicant, inter alia, contends that the Learned counsel for the applicant, Learned counsel for the applicant, . Accordingly, a applicant is residing at her parental home at Kapurthala. Accordingly, a applicant is residing at her parental home at applicant is residing at her parental home at prayer is made for transfer of the above mentioned divorce petition filed at prayer is made for transfer of the above mentioned divorce petition filed at prayer is made for transfer of the above mentioned divorce petition filed at prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent-husband from Family Court, the instance of respondent to Family husband from Family Court, Amritsar to Family Court, Kapurthala Kapurthala. [4] Despite service through counsel before the learned trial Court, Despite service through counsel before the learned trial Court, Despite service through counsel before the learned trial Court, Despite service through counsel before the learned trial Court, o one has chosen to appear of the respondent. o one has chosen to appear of the respondent no one has chosen to appear of the respondent [5] I have heard learned counsel for the applicant/ petitioner and I have heard learned counsel for the I have heard learned counsel for the gone through the paper-book. gone through the paper [6] wife has filed a In the present case, admittedly, the applicant-wife has filed a In the present case, admittedly, the applicant In the present case, admittedly, the applicant ge Act, 1955, for restitution of petition under Section 9 of the Hindu Marriage Act, 1955, for restitution of petition under Section 9 of the Hindu Marria petition under Section 9 of the Hindu Marria before the Court of learned Principal Judge, Family Court, conjugal rights before the Court of learned Principal Judge, Family Court, before the Court of learned Principal Judge, Family Court, conjugal rights Kapurthala, in which arguments have been heard. Kapurthala, in which arguments have been heard. Kapurthala, in which arguments have been heard. [7] As per the averments made in the present transfer application, As per the averments made in the present transfer application, As per the averments made in the present transfer application, As per the averments made in the present transfer application, the applicant-wife is residing with her parents and has no independent wife is residing with her parents and has no independent with her parents and has no independent source of income. source of income. [8] Furthermore, the Hon’ble Supreme Court in the case of Furthermore, the Hon’ble Supreme Court in the case of Furthermore, the Hon’ble Supreme Court in the case of Furthermore, the Hon’ble Supreme Court in the case of Manjula Singh Chouhan Versus Vishal Singh Chouhan Manjula Singh Chouhan reported as Vishal Singh Chouhan, reported as