Veerpal Kaur v. Ravinder Kumar Dhami

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.238 Date of Decision: 21.08.2025 VEERPAL KAUR ....Applicant

Versus

RAVINDER KUMAR DHAMI .....Respondent

CORAM:

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

Mr. H.S. Jakhal, Advocate for the respondent.

***** ARCHANA PURI, J. (Oral) Reply has not been filed, despite last opportunity. In the given circumstances, no further opportunity can be given to file reply. Counsel for the parties 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. DMC/177/2024, titled 'Ravinder Kumar Dhami Vs. Veerpal Kaur', filed by the respondent-husband, pending in the Family Court, Fazilka and she seeks transfer of the same to the Court of competent jurisdiction at Faridkot. 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 17.05.2017. One son born from the said wedlock, is in the care and custody of the applicant. In the given circumstances, it is submitted that it is difficult

for the applicant, to commute a distance of about 94 kilometres, while taking care of the minor child and also continuing with her job. Though, in the application, it is stated that the applicant is a working lady, but the detail of her further working, as such, has not been mentioned. On query by this Court, it is stated by the counsel that the applicant is working as a 'Teacher' on contract basis in Faridkot. On the other hand, the counsel for the respondent, though made appearance, but however, has not filed reply. He submits that it shall be difficult for the respondent also, to pursue the divorce petition, if so transferred.

On query by this Court, it is disclosed by the counsel for the parties, that there is no other litigation, between the parties. In view of the submissions aforesaid, it is pertinent to mention that generally, the Courts lean towards convenience of the wife, while considering the transfer application relating to the matrimonial dispute. However, the same is not a thumb rule. Various other circumstances, spelt out from the material brought on record, also ought to be taken into consideration. In the case in hand, the son born from the wedlock of the parties, is about 61⁄2 years old and is in the care and custody of the applicant. Though, the applicant is working as 'Teacher', but however, this is one aspect, which ought to be taken into consideration. The most weighing factor in the present case is about the applicant, taking care of the minor son born from the wedlock and more particularly, about the respondent, who has though made appearance through counsel, but has not filed reply to resist the application.

In view of the aforesaid fact situation and also considering the

distance between the two places to be about 94 kilometres, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. DMC/177/2024, titled 'Ravinder Kumar Dhami Vs. Veerpal Kaur', filed by the respondent-husband, stands transferred from the Family Court, Fazilka, to the Court of competent jurisdiction at Faridkot. The requisite record of the aforesaid case be sent by the Family Court, Fazilka, 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) 21.08.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No