Sushila Kumari Alias Sushila Devi v. Sunil

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.208 Date of Decision: 01.05.2026 SUSHILA KUMARI ALIAS SUSHILA DEVI ....Applicant

Versus

SUNIL .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) Even though, reply has been filed by the respondent, before the Registry, but however, the respondent did not make appearance. Even on the last two dates of hearing, none had made appearance on behalf of the respondent. 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/243/2025, titled 'Sunil v/s Sushila Devi', filed by the respondent-

husband, pending in the Family Court, Kaithal and she seeks transfer of the same to Family Court (Camp Court), Hansi, District Hisar. 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 28.02.2019 and one daughter born from the said wedlock, who is about 3 1⁄2 years old, is in the care and custody of the applicant. On account of matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning. Even, she has filed petition under Section 144 of Bharatiya Nagarik Suraksha Sanhita as well as petition under Section 12 to 23 of Protection of Women from Domestic Violence Act, which are pending in the courts at Hansi. The respondent is making appearance in both the said cases. The distance between the two places is stated to be about 100 kms.

Even though, reply has been filed by the respondent, but however, he has not made appearance today and as observed aforesaid, has been proceeded against ex parte. The reply, as such, does not spell out any peculiar circumstance, countering the claim for seeking transfer of the divorce petition.

Considering the submissions made by the counsel for the applicant, more particularly, the fact of applicant taking care of the minor daughter, while doing singular parenting; fact of two cases arising from the matrimonial dispute, already pending in the Courts at Hansi and also considering the distance between the two places, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/243/2025, titled 'Sunil v/s Sushila Devi', filed by the respondent-

husband, stands transferred from the Family Court, Kaithal to Family Court (Camp Court), Hansi, District Hisar. The requisite record of the aforesaid case be sent by the Family Court, Kaithal, to the District and Sessions Judge, Hisar.

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

(ARCHANA PURI) 01.05.2026 JUDGE Sonu Saini Whether speaking/reasoned :

Yes Whether reportable :

Yes/No