Sukhdeep Kaur v. Jasvir Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH TA-299-2024(O&M) Date of Decision: March 24, 2025 Sukhdeep Kaur ...Applicant

Versus

Jasvir Singh

...Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI

Present:

Mr.Gursimran Singh Jossan, Advocate for Mr.Amardeep Singh Mann, Advocate for the applicant.

None for the respondent.

**** ARCHANA PURI, J.

Perusal of the order dated 18.10.2024 reveals that respondent had made appearance through counsel, but however, on the subsequent date i.e. 18.12.2024, none had made appearance on behalf of the respondent. Even today, none has made appearance on his behalf. As such, the 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 13 of the Hindu Marriage Act, filed by respondent-husband bearing No.HMA-640-2023, titled 'Jasvir Singh vs. Sukhdeep Kaur', which is pending in the Family Court, Sirsa and she seeks

TA-299-2024 -2transfer of the same to the Court of competent jurisdiction at Mansa. It is submitted by learned counsel for the applicant that marriage between the parties to the lis, had taken place on 27.02.2020 and twin daughters were born on 19.11.2020, who are presently in the care and custody of the applicant-wife. On account of matrimonial discord, the parties are residing separate. The applicant is not having any source of earning and is totally dependent upon her parental family. Also, it is further submitted that after filing of the transfer application, the applicant has also filed a petition under Section 125 Cr.P.C.

In these circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 77 kms. to defend the divorce petition, more particularly, while she is taking care of the twin minor daughters.

Considering the aforesaid submissions and also about the preference to be given to the convenience of the wife, more particularly, when the respondent has not come forward to contest the transfer application, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act, filed by respondent-husband bearing No.HMA-640-2023, titled 'Jasvir Singh vs. Sukhdeep Kaur', stands transferred from the Family Court, Sirsa, to the Court of competent jurisdiction at Mansa. The requisite record of the aforesaid case be sent by the Family Court, Sirsa, to the District and Sessions Judge, Mansa. Learned District and Sessions Judge, Mansa, shall assign the said petition to the Family Court, Mansa. Even, the parties are directed to

TA-299-2024 -3appear before the Family Court, Mansa, within a period of one month from today onwards.

March 24, 2025 (ARCHANA PURI) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No