Sucheta v. Surinder Singh

TA-621-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.214 TA-621-2025 Date of Decision: 27.08.2025 SUCHETA ....Applicant

Versus

SURINDER SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. B.D.Sharma, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) Perusal of the paperbook reveals that on the last date of hearing, despite service, the respondent did not make appearance. Even today, he has not made appearance. As such, the respondent is proceeded against ex parte. The counsel for the applicant heard.

The applicant-wife has filed the present application for seeking transfer of the petition under Section 13 (1) (ia) & (ib) of the Hindu Marriage Act i.e. HMA/111/2025, titled 'Surinder Singh v/s Sucheta', filed by the respondent-husband, pending in the Family Court, Pathankot and she seeks transfer of the same to the Court of competent jurisdiction at Amritsar. At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties, had taken place on 09.03.2023, 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. She has filed petition under Section 125 Sonu 2025.08.28 18:40 I agree to specified portions of this document P&HHC

TA-621-2025 Cr.P.C., which is pending in the Family Courts, Amritsar and the respondent is making appearance in the same. Besides the same, the respondent is also facing trial, relating to the FIR No.9 dated 01.03.2024 under Section 498-A and 506 IPC, got lodged at the instance of the applicant, which is pending in the courts at Amritsar. The distance between the two places is stated to be about 90 kms.

In view of the mitigating circumstances aforesaid, more particularly, when the applicant is not having any source of earning and two other litigation arising from this matrimonial dispute, are already pending in the courts at Amritsar and also considering the fact of respondent having not come forward to resist the transfer application, the same is allowed and the petition under Section 13 (1) (ia) & (ib) of the Hindu Marriage Act i.e. HMA/111/2025, titled 'Surinder Singh v/s Sucheta', filed by the respondenthusband, stands transferred from the Family Court, Pathankot, to the Court of competent jurisdiction at Amritsar. The requisite record of the aforesaid case be sent by the Family Court, Pathankot, to the District and Sessions Judge, Amritsar.

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

(ARCHANA PURI) 27.08.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.08.28 18:40 I agree to specified portions of this document P&HHC