Harleen Kaur v. Sukhmeet Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.209 Date of Decision: 10.11.2025 HARLEEN KAUR ....Applicant

Versus

SUKHMEET SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Aditya Pratap Singh, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 17.09.2025, despite service, the respondent did not make appearance on that date. Even today, he has not made appearance. 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 i.e. HMA/1182/2024, titled 'Sukhmeet Singh Vs. Harleen', filed by the respondent-husband, pending in the Family Court, Karnal and she seeks transfer of the same to the Court of competent jurisdiction at Pathankot.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 08.05.2022, but no child was born from the said wedlock. On account of the matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning and as such, is dependent upon her parental family. In fact, it is pointed out that the applicant has filed the petition under Section 125 Cr.P.C., which is pending in the Courts at Pathankot and the respondent is pursuing the said litigation. Also further, it has been submitted that the applicant had suffered spinal injury on 11.09.2022, as a result whereof, she was operated at Indian Spinal Injuries Centre, Vasant Kunj, New Delhi. On account of this injury, she is unable to cover the distance of 370 kms, to pursue the divorce petition.

Keeping in view the constrained circumstances aforesaid, more particularly, considering Annexure P-2, which is document relating to the spinal injury suffered by the applicant and also taking into consideration the fact of the respondent pursuing the petition under Section 125 Cr.P.C. and having not come forward to resist the application, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/1182/2024, titled 'Sukhmeet Singh Vs. Harleen', filed by the respondent-husband, stands transferred from the Family Court, Karnal, to the Court of competent jurisdiction at Pathankot. The requisite record of the aforesaid case be sent by the Family Court, Karnal, to the District and Sessions Judge, Pathankot.

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

(ARCHANA PURI) 10.11.2025 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No