Sunita Rani Alias Saneh Vs Sures Kumar — Domestic Violence | Punjab & Haryana HC (2025)

Sunita Rani Alias Saneh Vs Sures Kumar — Domestic Violence | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer of the respondent-husband's divorce petition under Section 13 of the Hindu Marriage Act (HMA/192/2020, 'Suresh Kumar Vs. Sunita Rani @ Saneh') from the Family Court, Fatehabad to the Court of competent jurisdiction at Sirsa; requisite record to be sent by the Family Court, Fatehabad to the District and Sessions Judge, Sirsa, who is to assign the petition to the Family Court, Sirsa; parties to appear before the Family Court, Sirsa within one month.

Issue for consideration

Whether the petition under Section 13 of the Hindu Marriage Act (HMA/192/2020) filed by the respondent-husband, pending in the Family Court, Fatehabad, should be transferred to the Court of competent jurisdiction at Sirsa in the convenience of the applicant-wife.

Court's answer

The transfer application is allowed, the Court taking into consideration the general leaning of Courts towards the convenience of the wife in transfer applications relating to matrimonial disputes, the applicant having no source of earning and taking care of the grown-up girl, one case already pending at Sirsa which is pursued by the respondent, and the respondent not having come forward to resist the application.

Ratio / Principle

The petition filed by the respondent-husband stands transferred from the Family Court, Fatehabad to the Court of competent jurisdiction at Sirsa.

Key takeaways

The requisite record of the transferred case is to be sent by the Family Court, Fatehabad to the District and Sessions Judge, Sirsa.ratio¶¶24
The learned District and Sessions Judge, Sirsa shall assign the said petition to the Family Court, Sirsa.ratio¶¶28
The parties are directed to appear before the Family Court, Sirsa within a period of one month.ratio

Detailed headnote1 paragraphs

Transfer Application (TA-390-2025), High Court of Punjab and Haryana at Chandigarh (Archana Puri, J., oral), decided 18.08.2025 — Allowed. The applicant-wife sought transfer of her husband's divorce petition under Section 13 of the Hindu Marriage Act (HMA/192/2020, 'Suresh Kumar Vs. Sunita Rani @ Saneh') from the Family Court, Fatehabad to Sirsa. Allowing the transfer, the Court took into account the general judicial leaning towards the wife's convenience in matrimonial transfer applications, the applicant being uneducated, unemployed and wholly dependent on her parental family, her care and custody of the couple's about 17-year-old daughter, the pendency at Sirsa of her petition under Sections 12, 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act (in which the respondent makes appearance), the about 60 kilometre commute involved, and the respondent's failure to come forward to resist the application (he was proceeded against ex parte vide order dated 13.08.2025 despite service). The petition stands transferred to the Court of competent jurisdiction at Sirsa; the Family Court, Fatehabad is to send the requisite record to the District and Sessions Judge, Sirsa, who shall assign it to the Family Court, Sirsa; the parties are directed to appear before the Family Court, Sirsa within one month.