Harpreet Kaur v. Sandeep Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.229 Date of Decision: 05.08.2025 HARPREET KAUR ....Applicant

Versus

SANDEEP SINGH .....Respondent

CORAM:

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

Mr. Kanish Jindal, Advocate for the respondent.

***** ARCHANA PURI, J. (Oral) The applicant-wife has filed the present application for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. HMA/240/2023, titled 'Sandeep Singh Vs. Harpreet Kaur', filed by the respondent-husband, pending in the Family Court (Camp Court) Sunam, District Sangrur and she seeks transfer of the same to the Court of competent jurisdiction at Payal, District Ludhiana.

Upon notice issued, the respondent made appearance through counsel and filed reply.

Counsel for the parties heard.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 22.01.2022. However, on query by the Court, it is submitted that no child was born from the said

wedlock. On account of the matrimonial dispute, the parties are residing separate. The applicant has no source of earning and is dependent upon her parental family. Even, she has filed the petition under Section 125 Cr.P.C., which is pending in the Courts at Payal. Therein, interim maintenance was fixed, but however, the respondent is not paying the amount of maintenance regularly, though he is making appearance in the maintenance petition. Even, the applicant has filed the petition under the Protection of Women from Domestic Violence Act, which is also pending in the Courts at Payal and the respondent is making appearance in the same. The distance between the two places is stated to be 85 kilometres. On the other hand, counsel for the respondent, while making reference to the reply, submits that it shall be too harsh for the respondent also, in case the transfer application is accepted. Even, the marriage had taken place in District Sangrur.

In view of the submissions aforesaid, it is pertinent to mention that the applicant is not having any source of earning. Two other cases, arising from this matrimonial dispute, are already pending in the Courts at Payal, District Ludhiana and the respondent is making appearance in the same. The respondent is not regularly paying the amount of interim maintenance, fixed by learned Family Court.

Considering the aforesaid fact situation and more particularly, considering the distance between the two places to be about 85 kilometres, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/240/2023, titled 'Sandeep Singh Vs. Harpreet

Kaur', filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Sunam, District Sangrur, to the Court of competent jurisdiction at Payal, District Ludhiana. The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Sunam, to the District and Sessions Judge, Ludhiana.

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

(ARCHANA PURI) 05.08.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No