Sukhwinder Kaur v. Kaka Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.108 Date of Decision: 02.02.2026 SUKHWINDER KAUR ....Applicant

Versus

KAKA SINGH .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 10.12.2025, 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.

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/117/2025, titled 'Kaka Singh Vs. Sukhwinder Kaur', filed by the

respondent-husband, pending in the Family Court, Sri Muktsar Sahib and she seeks transfer of the same to the Court of competent jurisdiction at Zira, District Ferozepur.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 09.03.2025, but no child was born from the said wedlock. However, on account of the matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning. Even, she has filed the petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which is pending in the Courts at Zira and the respondent has already made appearance in the same. The distance between the two places is stated to be about 90 kms on one side.

In view of the aforesaid fact situation, more particularly, considering the fact of applicant, not having any source of earning and the fact of maintenance petition, filed by the applicant, already pending in the Courts at Zira, which is being pursued by the respondent and above it, considering the fact about the respondent having not come forward to resist the application, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/117/2025, titled 'Kaka Singh Vs. Sukhwinder Kaur', filed by the respondent-husband, stands transferred from the Family Court, Sri Muktsar Sahib, to the Court of competent jurisdiction at Zira, District Ferozepur. The requisite record of the aforesaid case be sent by the Family Court, Sri Muktsar Sahib, to the District and Sessions Judge, Ferozepur.

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

(ARCHANA PURI) 02.02.2026 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No