Sandeep Kaur v. Havildar Varinder Singh

TA-1203-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.210 TA-1203-2024 Date of Decision: 19.08.2025 SANDEEP KAUR ....Applicant

Versus

HAVILDAR VARINDER SINGH .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) Perusal of the paperbook reveals that on the last date of hearing, despite service, the respondent did not make appearance. 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. HMA75-2024 titled 'Varinder Singh v/s Sandeep Kaur, filed by the respondenthusband, pending in the Family Court (Camp Court), Patti, District Tarn Taran and she seeks transfer of the same to the Court of competent jurisdiction at Ambala.

At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties, had taken place on 06.02.2016 and two children born from the said wedlock, who are in the age group of 5-9 years, are in the care and custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. The applicant had got lodged an FIR No. 197 dated 28.10.2022 under Section 323, 406, Sonu 2025.08.20 16:30 I agree to specified portions of this document P&HHC

TA-1203-2024 498A, 506 IPC, against the respondent, wherein the challan has been presented and the same is pending in the courts at Ambala. Besides the same, she has filed petition under Section 125 Cr.P.C., which is also pending in the courts at Ambala and the respondent is making appearance in both the aforesaid cases. The distance between the two places is stated to be 250 kms.

In view of the aforesaid mitigating circumstances, more particularly, considering the distance between the places, where the petition is pending and where it is proposed to be transferred and also taking into consideration the fact of two minor children, residing with the applicant, who herself is not having any source of earning as well as 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. HMA-752024 titled 'Varinder Singh v/s Sandeep Kaur, filed by the respondenthusband, stands transferred from the Family Court (Camp Court), Patti, District Tarn Taran to the Court of competent jurisdiction at Ambala. The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Patti, to the District and Sessions Judge, Ambala. Learned District and Sessions Judge, Ambala, shall assign the said petition to the Family Court, Ambala. Even, the parties are directed to appear before the Family Court, Ambala, within a period of one month from today onwards.

(ARCHANA PURI) 19.08.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.08.20 16:30 I agree to specified portions of this document P&HHC