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High Court of Punjab and HaryanaTA/805/2025allowed

Kiranpreet Kaur v. Rubel Chauhan Alias Rubal Chauhan

2026-01-20Mrs. Justice Archana Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.216 Date of Decision: 20.01.2026 KIRANPREET KAUR ....Applicant

Versus

RUBEL CHAUHAN ALIAS RUBAL CHAUHAN .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. K.S.Brar, Advocate for the applicant.

Mr. J.S.Brar, Advocate for the respondent.

***** ARCHANA PURI, J. (Oral) The applicant-wife has filed the present application for seeking transfer of the petition under Section 9 of the Hindu Marriage Act i.e. HMA/71/2025, titled 'Rubel Chauhan v/s Kiranpreet Kaur, filed by the respondent-husband, pending in the Family Court, Malout, District Sri Muktsar Sahib and she seeks transfer of the same to the Court of competent jurisdiction at Faridkot.

Upon 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 marriage between the parties to the lis, had taken place on

25.12.2017 and one daughter born from the said wedlock, who is about 5 years old, is in the care and custody of the applicant. The girl child is stated to be studying at Ryan World Public School, Faridkot. The applicant is not having any source of earning. The distance between the two places is stated to be 100 kms.

On the other hand, counsel for the respondent submits that the distance is wrongly stated to be 100 kms, whereas it is only about 60-65 kms.

In view of the submissions made aforesaid, it is pertinent to mention that while adjudicating on the transfer application, relating to the matrimonial dispute, various factors ought to be taken into consideration. Each case has to be adjudicated, on its own factual background. In the case in hand, the applicant is not working and as such, has no source of income. This is the most weighing factor in the present case to be taken into consideration, more particularly, while she is taking care of the minor child, who is studying at Faridkot. Even, the distance between the two places is about 60-65 kms.

In view of the aforesaid fact situation and watching the 'best interest' of the child, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/71/2025, titled 'Rubel Chauhan v/s Kiranpreet Kaur, filed by the respondent-husband, stands transferred from the Family Court, Malout, District Sri Muktsar Sahib, to the Court of competent jurisdiction at Faridkot. The requisite record of the aforesaid case be sent by the Family Court, Malout, to the District and Sessions Judge, Faridkot.

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

(ARCHANA PURI) 20.01.2026 JUDGE Sonu Saini Whether speaking/reasoned :

Yes Whether reportable :

Yes/No