Punjab-Haryana High Court
Sukhwinder Kaur vs Ramesh Singh on 14 October, 2025
Author: Archana Puri
Bench: Archana Puri
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
111
TA-1500-2024 (O&M)
Date of Decision: October 14, 2025
Sukhwinder Kaur
...Applicant
Versus
Ramesh Singh
...Respondent
CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI
Present: Mr.Ashish Bhagat, Advocate
for the applicant.
Mr.Rohit Joshi, Advocate
for the respondent.
****
ARCHANA PURI, J.
Applicant-wife has filed the present application for seeking transfer of the petition under Section 9 of the Hindu Marriage Act, filed by respondent-husband, bearing No.HMA-170-2024, titled 'Ramesh Singh vs. Sukhwinder Kaur', pending in the Family Court, Mukerian, Hoshiarpur and she seeks transfer of the same to the Court of competent jurisdiction at Dera Bassi, District SAS Nagar.
In pursuance of the notice issued, the respondent made appearance through counsel and filed the reply.
VINEET GULATI 2025.10.15 15:20 I attest to the accuracy and authenticity of this document Chandigarh TA-1500-2024 -2-
Counsel for the parties heard.
At the very outset, it is submitted by learned counsel for the applicant that the marriage between the parties to the lis had taken place on 01.11.2004 and two children born from the said wedlock, i.e. daughter aged about 20 years and son aged about 18 years, are in the care and custody of the applicant. The applicant has also filed petition under Section 125 Cr.P.C, which is pending in the Courts at Derabassi. On query by the Court, it is disclosed that the respondent has not made appearance in the same and has been proceeded against ex-parte. Since, the applicant is not having source of earning, in the given circumstances, it is submitted that it is difficult for the applicant to defend the petition under Section 9 of the Hindu Marriage Act, from a distance of about 230 kms.
On the other hand, learned counsel for the respondent, while making reference to the reply, submits that the transfer application has been filed, only to cause harassment to the respondent. Both the children are on visiting terms with the respondent. Counsel further submits that the respondent keeps on paying maintenance to his children. On query by the Court, counsel submits that there is no document, with regard to payment of maintenance, but he submits that the respondent pays some amount, of and on, to his children.
On further query, counsel for the respondent has disclosed that respondent has been proceeded against ex-parte in the maintenance petition.
In view of the rival submissions aforesaid, it is pertinent to mention that generally, the Courts lean towards convenience of the wife, VINEET GULATI 2025.10.15 15:20 I attest to the accuracy and authenticity of this document Chandigarh TA-1500-2024 -3- while considering the transfer application, relating to the matrimonial dispute, though, it may not be a thumb rule. Various other circumstances, spelt out from the material brought on record, ought to be taken into consideration. In the case in hand, the applicant-wife is taking care of both the children, born from the wedlock of the parties to the lis and both are stated to be studying. The applicant is not having any source of earning. Even though, counsel for the respondent submits that the respondent pays maintenance to the children, but there is no material, as such, coming forth to substantiate this assertion.
On further query by the Court, it is disclosed that respondent has been proceeded against ex-parte in the petition under Section 125 Cr.P.C., filed at the instance of the applicant. Further, counsel for the respondent candidly admitted about no maintenance having paid by the respondent to the applicant for upbringing of the children.
Considering the aforesaid circumstances, more particularly, the applicant not having any source of earning and taking care of needs of both the grown up children, in her custody as well as the distance between the two places, the present transfer application, as such, is hereby allowed and the petition under Section 9 of the Hindu Marriage Act, filed by respondent- husband, bearing No.HMA-170-2024, titled 'Ramesh Singh vs. Sukhwinder Kaur', stands transferred from the Family Court, Mukerian, to the Court of competent jurisdiction at Derabassi, District SAS Nagar. The requisite record of the aforesaid case be sent by the Family Court, Mukerian to the District and Sessions Judge, SAS Nagar.
VINEET GULATI2025.10.15 15:20 I attest to the accuracy and authenticity of this document Chandigarh TA-1500-2024 -4-
Learned District and Sessions Judge, SAS Nagar shall assign the said petition to the Family Court, Derabassi. Even, the parties are directed to appear before the Family Court, Derabassi, within a period of one month from today onwards.
October 14, 2025 (ARCHANA PURI)
Vgulati JUDGE
Whether speaking/reasoned Yes
Whether reportable Yes/No
VINEET GULATI
2025.10.15 15:20
I attest to the accuracy and
authenticity of this document
Chandigarh