Swati v. Sukhwinder Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.202 Date of Decision: 20.03.2026 SWATI ....Applicant

Versus

SUKHWINDER SINGH .....Respondent

CORAM:

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

Respondent proceeded against ex parte vide order dated 25.02.2026.

***** 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. HRSI01-004825-2025, titled 'Sukhwinder Singh v/s Swati, filed by the respondent-husband, pending in the Family Court, Sirsa and she seeks transfer of the same to the Court of competent jurisdiction at Hisar. Upon notice issued, the respondent did not made appearance and was proceeded against ex parte.

Counsel for the applicant 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

07.12.2017 and two children were born from the said wedlock, who are in the age group of 5-7 years. Both the children are studying in UKG and LKG class in Columbus High School, Hisar. On account of matrimonial dispute, the parties are residing separate. Furthermore, counsel for the applicant submits that even though, the applicant is employed as sales girl, but her earnings are not sufficient, so as to give decent living to the children. Besides the same, she has filed petition under Section 144 of Bharatiya Nagarik Suraksha Sanhita, which is pending in the courts at Hisar and the same is at appearance stage. The applicant has also got lodged an FIR bearing No.49 dated 30.01.2025 under Sections 323, 406, 498-A and 506 IPC, wherein challan has been presented and the same is at the stage of framing of charge. The distance between the two places is stated to be 100 kms.

Considering the submissions aforesaid, more particularly, about the applicant taking care of the two minor children, who are school going as well as the fact of two other cases arising from the matrimonial dispute, already pending in the Courts at Hisar, 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 fact of respondent not having come forward to resist the transfer application, the same is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HRSI01-0048252025, titled 'Sukhwinder Singh v/s Swati, filed by the respondent-husband, stands transferred from the Family Court, Sirsa, to the Court of competent

jurisdiction at Hisar. The requisite record of the aforesaid case be sent by the Family Court, Sirsa, to the District and Sessions Judge, Hisar. Learned District and Sessions Judge, Hisar, shall assign the said petition to the Family Court, Hisar. Even, the parties are directed to appear before the Family Court, Hisar, within a period of one month from today onwards.

(ARCHANA PURI) 20.03.2026 JUDGE Sonu Saini Whether speaking/reasoned :

Yes Whether reportable :

Yes/No