Loveleen Arora v. Manpreet Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.106 Date of Decision: 28.08.2025 LOVELEEN ARORA ....Applicant

Versus

MANPREET SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Abhinav Jain, Advocate for the applicant.

Ms. Ramandeep Kaur, Advocate for Mr. Monty Goyal, Advocate for the respondent.

***** ARCHANA PURI, J. (Oral) Reply has not been filed. Considering the opportunities already availed, there is no reason for giving further opportunity to file reply. Counsel for the parties 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/9174/2022, titled 'Manpreet Singh Vs. Loveleen Arora', 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 Faridkot. It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 24.11.2017. One son born from the said wedlock, who is about 5 years old, is in the care and custody of the applicant. The applicant is not having any source of earning and as

such, she has already filed the petition under Section 125 Cr.P.C., which is pending in the Courts at Faridkot. In the given circumstances, it is submitted that it is difficult for the applicant, to commute a distance of about 120 kilometres, to defend the petition under Section 9 of the Hindu Marriage Act. As such, a prayer is made for acceptance of the transfer application. On the other hand, counsel for the respondent submits that it shall be too harsh for the respondent also, to pursue the litigation, in case the transfer application is accepted.

In view of the submissions aforesaid, it is pertinent to mention that though, the respondent has raised a specific plea of harassment, if the transfer application is accepted, but however, no reply was filed. No reason has been assigned for denial of the transfer of the petition under Section 9 of the Hindu Marriage Act. In fact, while considering the preference given to the wife, in case of transfer application relating to the matrimonial dispute, it is pertinent to mention that one son born from the wedlock of the parties, is in the care and custody of the applicant, who herself is not having any source of earning. The said son is a student of KG class. These are the most weighing factors.

Considering the aforesaid factual position, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/9174/2022, titled 'Manpreet Singh Vs. Loveleen Arora', filed by the respondent-husband, stands transferred from the Family Court, Ludhiana, to the Court of competent jurisdiction at Faridkot. The requisite record of the aforesaid case be sent by the Family Court, Ludhiana, to the District and Sessions Judge, Faridkot.

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

(ARCHANA PURI) 28.08.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No