Kavita v. Sarabjit Singh

TA-1157-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.204 TA-1157-2024 Date of Decision: 01.05.2025 KAVITA ....Applicant

Versus

SARABJIT SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Geeteshwar Saini, Advocate for Mr. R.K. Arya, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 12.03.2025, despite service, the respondent did not make appearance on that date. 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 9 of the Hindu Marriage Act i.e. HMA/213/2024, titled 'Sarabjit Singh Vs. Kavita', filed by the respondenthusband, pending in the Family Court (Camp Court) Batala, District Gurdaspur and she seeks transfer of the same to the Court of competent jurisdiction at Pathankot.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 02.04.2016. One daughter born from the said wedlock, is in the care and custody of the applicant. The Sonu 2025.05.01 16:23 I agree to specified portions of this document P&HHC

TA-1157-2024 applicant is not having any source of earning. Even, she has filed the petition under Section 125 Cr.P.C., which is already pending in the Courts at Pathankot and the respondent has made appearance in the same. In these circumstances, it is submitted that it is difficult for the applicant, to commute a distance of about 80 kilometres, from the place of her residence, to defend the petition under Section 9 of the Hindu Marriage Act.

In view of the submissions aforesaid and considering the preference generally given by the Courts to the convenience of wife in the transfer applications relating to the matrimonial disputes, more particularly, when the respondent has not come forward to resist the application and also taking into consideration the fact of the applicant, who is unemployed, taking care of the minor daughter, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/213/2024, titled 'Sarabjit Singh Vs. Kavita', filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Batala, District Gurdaspur, to the Court of competent jurisdiction at Pathankot. The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Batala, to the District and Sessions Judge, Pathankot.

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

(ARCHANA PURI) 01.05.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.05.01 16:23 I agree to specified portions of this document P&HHC