Shika Saini v. Ravi Saini

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.117 Date of Decision: 22.01.2026 SHIKA SAINI ....Applicant

Versus

RAVI SAINI .....Respondent

CORAM:

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

Mr. Sparsh Chhibber, 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/113/2025, titled 'Ravi Saini Vs. Shikha Saini', filed by the respondenthusband, pending in the Family Court, Sangrur and she seeks transfer of the same to the Court of competent jurisdiction at Kurukshetra. In pursuance of notice issued, the respondent made appearance through counsel and filed reply.

Counsel for the parties heard.

At the very outset, it is submitted by the counsel for the applicant that the parties got married on 29.12.2018. One son was born from

the said wedlock, who is in the care and custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. The applicant is doing a temporary job as 'Teacher' in a private school and earning Rs.10,000/- per month. Even, she has filed the petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 i.e. MNT125/6/2025, as well as the complaint under the Protection of Women from Domestic Violence Act i.e. COMA/29/2025, which are pending in the Courts at Kurukshetra and the respondent is making appearance in the same. Besides the same, it is submitted that the respondent is facing trial in the Courts at Kurukshetra, relating to FIR bearing No.88 dated 04.03.2025, under Sections 406, 498-A and 506 IPC, got lodged by the applicant at Police Station Thanesar City, District Kurukshetra. The distance between the two places is stated to be about 120 kms. Furthermore, the counsel submits that after filing of the present application, the petition under the Guardians and Wards Act, has also been filed by the respondent in Kurukshetra.

Counsel for the respondent also admits that the petition under the Guardians and Wards Act has been filed, after institution of the transfer application. However, he submits that the the respondent is also working as a 'Teacher' and it shall be too harsh for him also, to pursue the divorce petition, if the transfer application is accepted. Keeping in view the child, who is about 51⁄2 years old, to be in the care and custody of the applicant and considering the fact of three other litigations already pending in the Courts at Kurukshetra, more particularly,

the criminal case, wherein the respondent is required to make appearance on each and every date of hearing and above it, considering the guardianship petition, filed by the respondent, which is also pending in the Courts at Kurukshetra, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/113/2025, titled 'Ravi Saini Vs. Shikha Saini', filed by the respondent-husband, stands transferred from the Family Court, Sangrur, to the Court of competent jurisdiction at Kurukshetra. The requisite record of the aforesaid case be sent by the Family Court, Sangrur, to the District and Sessions Judge, Kurukshetra. Learned District and Sessions Judge, Kurukshetra, shall assign the said petition to the Family Court, Kurukshetra. Even, the parties are directed to appear before the Family Court, Kurukshetra, within a period of one month from today onwards.

(ARCHANA PURI) 22.01.2026 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No