Ramandeep Kaur v. Sunny Chana
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Sr. No.225 Date of Decision: 22.04.2025 1.
TA-122-2024 RAMANDEEP KAUR ....Applicant
Versus
SUNNY CHANA .....Respondent 2.
TA-1150-2024 RAMANDEEP KAUR ....Applicant
Versus
SUNNY CHANA .....Respondent
CORAM:
HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Rajvir Singh, Advocate for the applicant (in TA-122-2024).
Mr. Ajay Kumar, Advocate for the applicant (in TA-1150-2024).
Mr. H.S. Sidhu, Advocate for the respondent (in both the cases).
***** ARCHANA PURI, J. (Oral) These are two applications filed at the instance of Ramandeep Kaur-applicant/wife/mother, for seeking transfer of the litigation, pending between the parties to the lis.
TA-122-2024 has been filed by the applicant-wife for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. HMA/2682/2023, titled 'Sunny Chana Vs. Ramandeep Kaur', filed at the instance of respondent-husband.
TA-1150-2024 has been filed by the applicant-mother for seeking transfer of the petition under Sections 10, 12 and 25 of the Guardians and Wards Act i.e. GW/114/2024, titled 'Ramandeep Kaur Vs. Sunny Chana', thereby seeking custody of the minor daughter, born from the wedlock of the parties to the lis.
Both the aforesaid cases are pending in the Courts at Ludhiana and the applicant is seeking transfer of the same to the Court of competent jurisdiction at Rupnagar.
Upon notice, the respondent made appearance through counsel. However, today the counsel for the respondent/husband/father, has made a statement that the respondent has no objection if both the transfer applications are accepted and both the said cases are transferred to Rupnagar.
In view of the statement made by the counsel for the respondent, it is pertinent to mention that the marriage between the parties to the lis, had taken place on 30.12.2020. One daughter born from the said wedlock, who is about 3 years old, is presently in the care and custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. There is also a petition under Section 125 Cr.P.C., filed by the applicant, which is already pending, in the Courts at Rupnagar. The applicant is not having any source of earning and is totally dependent upon her widow mother.
In view of the aforesaid fact situation and also considering the statement given by the counsel for the respondent, the transfer applications are allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/2682/2023, titled 'Sunny Chana Vs. Ramandeep Kaur' and the petition under Sections 10, 12 and 25 of the Guardians and Wards Act i.e. GW/114/2024, titled 'Ramandeep Kaur Vs. Sunny Chana', filed by the respondent, stand transferred from the Family Court, Ludhiana, to the Court of competent jurisdiction at Rupnagar. The requisite records of the aforesaid cases be sent by the Family Court, Ludhiana, to District and Sessions Judge, Rupnagar.
Learned District and Sessions Judge, Rupnagar, shall assign the said petitions to the Family Court, Rupnagar. The Court concerned shall adjourn both the cases, preferably for the same date, taking into consideration the convenience of the respondent also. Even, the parties are directed to appear before the Family Court, Rupnagar, within a period of one month from today onwards.
(ARCHANA PURI) 22.04.2025 JUDGE Himanshu Whether speaking/reasoned :
Yes Whether reportable :
Yes/No