Rajbir Kaur v. Jatinder Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.497 Date of Decision: 24.03.2026 RAJBIR KAUR ....Applicant

Versus

JATINDER SINGH .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As observed in the previous order, despite service, the respondent did not make appearance, on that date. Even today, he has not made appearance. As such, 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 13 of the Hindu Marriage Act i.e. HMA/144/2025, titled 'Jatinder Singh v/s Rajbir Kaur, filed by the respondent-husband, pending in the Family Court, Samrala, District Ludhiana and she seeks transfer of the same to the Court of competent jurisdiction at SAS Nagar.

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

11.01.2025 at Kharar, but no child was born from the said wedlock. The applicant is having locomotor disability to the extent of 53% and in this regard, counsel also makes reference to Unique Disability ID, copy whereof is Annexure A-2. Furthermore, it is submitted that there is no person, to accompany the applicant. In fact, it is also submitted that the applicant is working as Clerk in Punjab Water Supply & Sewage Board, Sub Division (PWSSB), Morinda, District Rupnagar, on contractual basis. Also, the distance between the two places is stated to be 50 kms. In view of the submissions made aforesaid, it is pertinent to mention that while considering the transfer applications, relating to the matrimonial dispute, various circumstances ought to be taken into consideration and generally, the courts lean towards the convenience of the wife, but however, the same is not a thumb rule. Various other factors spelt out, from the material brought on record, ought to be taken into consideration.

In the case in hand, the applicant is seeking transfer of the case from Samrala to SAS Nagar. However, as pleaded by her in the application, she is working as Clerk in Punjab Water Supply & Sewage Board, Sub Division (PWSSB), Morinda, District Rupnagar. On further query by the court, it is also disclosed that the applicant makes up and down from her residence to her work place.

Considering the aforesaid fact, when the applicant is in a position to proceed to Morinda, from her work place, then the question, as such, does not arise for transfer of the divorce petition from the courts at Samrala to SAS Nagar, more particularly, considering the distance between

Morinda and Samrala to be 31 kms and the distance between SAS Nagar and Morinda, is 24 kms, which is almost equidistant. Given the same, no such circumstances are made out to accept the transfer application.

Hence, the same is hereby dismissed.

(ARCHANA PURI) 24.03.2026 JUDGE Sonu Saini Whether speaking/reasoned :

Yes Whether reportable :

Yes/No