Ravinder Kaur v. Sandeep Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.114 Date of Decision: 15.05.2025 RAVINDER KAUR ....Applicant

Versus

SANDEEP SINGH .....Respondent

CORAM:

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

Mr. Rudra Sharma, 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/235/2024, titled 'Sandeep Singh Vs. Ravinder Kaur', filed by the respondent-husband, pending in the Family Court (Camp Court) Kharar, District SAS Nagar and she seeks transfer of the same to the Court of competent jurisdiction at Jalandhar.

Upon notice, the respondent made appearance through counsel and filed reply.

The 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 16.12.2018, 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. It is submitted that the respondent is working as a Constable in the Punjab Police. The applicant has filed the petition under the Protection of Women from Domestic Violence Act i.e. COMA/1637/2024, which is pending in the Courts at Jalandhar, at appearance stage. Also, it is submitted that the distance between the two places is about 100 kilometres. On the other hand, the counsel for the respondent, while making reference to the reply filed, submits that the respondent is posted as Gunman to the Additional District & Sessions Judge, SAS Nagar and therefore, on account of his constrained duty, it will be difficult for him also, to pursue the divorce petition, if so transferred.

In view of the rival submissions, it is pertinent to mention that generally, the Courts lean towards the convenience of wife, in case of transfer applications relating to the matrimonial dispute, though, it may not be a thumb rule. Various other circumstances spelt out, also ought to be taken into consideration. In the case in hand, the applicant is not having any source of earning and is dependent upon her parental family, whereas, the respondent is Constable in Punjab Police and posted as Gunman to the judicial officer in SAS Nagar. As such, the respondent very well stands on a better footing to pursue the litigation, even if, it is so transferred, more particularly, when the respondent is not required to make appearance before the Court concerned, on each and every date of hearing.

In view of the aforesaid fact situation, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/235/2024, titled 'Sandeep Singh Vs.

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

However, considering the respondent to be working in Punjab Police, he always has an option to file an application for making appearance before the Court concerned, through virtual mode and if such application is filed, the Court concerned shall consider the same, in the fitness of circumstances and pass an appropriate order.

(ARCHANA PURI) 15.05.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No