Sukhwinder Kaur Vs Gursangat Singh — Matrimonial and Divorce | Punjab & Haryana HC (2025)

Sukhwinder Kaur Vs Gursangat Singh — Matrimonial and Divorce | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer of the respondent-husband's petition under Section 9 of the Hindu Marriage Act (HMA/8/2024) from the Family Court (Camp Court) Payal, District Ludhiana to the Court of competent jurisdiction at Rajpura, District Patiala; record to be sent to the District and Sessions Judge, Patiala for assignment to the Family Court (Camp Court) Rajpura; parties directed to appear before the Family Court (Camp Court) Rajpura within one month.

Issue for consideration

Whether the petition under Section 9 of the Hindu Marriage Act (HMA/8/2024) filed by the respondent-husband and pending in the Family Court (Camp Court) Payal, District Ludhiana, ought to be transferred to the Court of competent jurisdiction at Rajpura, District Patiala, in view of the applicant-wife's custody of the two children, her lack of independent earnings and the distance of about 70 kilometres involved.

Court's answer

The court accepted the mitigating circumstances urged by the applicant-wife — her custody of the two children, her having no source of earning, and the respondent's failure to come forward to resist the application — as warranting transfer.

Ratio / Principle

The transfer application is allowed; the husband's petition under Section 9 of the Hindu Marriage Act (HMA/8/2024) stands transferred from the Family Court (Camp Court) Payal, District Ludhiana, to the Court of competent jurisdiction at Rajpura, District Patiala.

Key takeaways

The requisite record of the transferred case is to be sent by the Family Court (Camp Court) Payal to the District and Sessions Judge, Patiala.ratio¶23
The learned District and Sessions Judge, Patiala, shall assign the said petition to the Family Court (Camp Court) Rajpura.ratio¶27
The parties are directed to appear before the Family Court (Camp Court) Rajpura within a period of one month.ratio

Detailed headnote1 paragraphs

Transfer application (TA-217-2024) allowed by the High Court of Punjab and Haryana at Chandigarh (Archana Puri, J., oral judgment dated 11.09.2025). The respondent-husband's petition under Section 9 of the Hindu Marriage Act (HMA/8/2024, 'Gursangat Singh Vs. Sukhwinder Kaur'), pending in the Family Court (Camp Court) Payal, District Ludhiana, stands transferred to the Court of competent jurisdiction at Rajpura, District Patiala. Grounds accepted: the applicant-wife has the care and custody of the two children of the marriage solemnized on 12.12.2014, has no source of earning and is dependent on her parental family, faces a commute of about 70 kilometres, and the respondent did not come forward to resist the application (he was proceeded against ex parte after due service). The requisite record is to be sent by the Family Court (Camp Court) Payal to the District and Sessions Judge, Patiala, who shall assign the petition to the Family Court (Camp Court) Rajpura; the parties are directed to appear before the Family Court (Camp Court) Rajpura within one month.

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TA-217-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.236

TA-217-2024 Date of Decision: 11.09.2025

SUKHWINDER KAUR

....Applicant

Versus

GURSANGAT SINGH

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. Manik Makkar, Advocate for the applicant.

None for the respondent.

ARCHANA PURI, J. (Oral)

As per office noting, service of the respondent has been duly effected. However, none has made appearance on his behalf. 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/8/2024, titled ‘Gursangat Singh Vs. Sukhwinder Kaur’, filed by the respondent-husband, pending in the Family Court (Camp Court) Payal, District Ludhiana and she seeks transfer of the same to the Court of Sonu 2025.09.12 16:22 I agree to specified portions of this document P&HHC

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TA-217-2024

competent jurisdiction at Rajpura, District Patiala.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 12.12.2014. Two children were born from the said wedlock, one son and one daughter, who are in the care and custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning and as such, is dependent upon her parental family. She has filed the divorce petition, which is pending in the Courts at Rajpura and till date, the respondent has not made appearance in the same, despite service. However, no further observation has been made by the concerned Court, relating to the same. In the given circumstances, it is submitted that it is difficult for the applicant, to commute a distance of about 70 kilometres, to defend the petition under Section 9 of the Hindu Marriage Act.

In view of the aforesaid mitigating circumstances, more particularly, considering the applicant to be having the custody of two children, while herself having no source of earning and also taking into consideration 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/8/2024, titled ‘Gursangat Singh Vs. Sukhwinder Kaur’, filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Payal, District Ludhiana, to the Court of competent jurisdiction at Rajpura, District Patiala. The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Payal, to the District and Sessions Judge, Patiala.

Sonu 2025.09.12 16:22 I agree to specified portions of this document P&HHC

TA-217-2024

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

(ARCHANA PURI) 11.09.2025 JUDGE Himanshu Whether speaking/reasoned : Yes Whether reportable : Yes/No

Sonu 2025.09.12 16:22 I agree to specified portions of this document P&HHC