Sunita Rani Vs Sandeep Singh

As per the observations made in the order dated 09.04.2025, despite service, the respondent did not make appearance on that date. Even today, he has not made appearance. As such, the respondent is proceeded against ex parte .

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The counsel for the applicant heard.

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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/334/2022, titled ‘Sandeep Singh Vs. Sunita Rani’, filed by the respondent-husband, pending in the Family Court (Camp Court) Jagraon, District Ludhiana and she seeks transfer of the same to the Court of competent jurisdiction at Malout, District Sri Muktsar Sahib.

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It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 09.03.2013. Two sons born Sonu from the said wedlock, who are in the age-group of 9-12 years, are presently 2025.05.19 15:33 I agree to specified portions of this document P&HHC

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in the care and custody of the respondent. Further, it is submitted that the applicant is not having any source of earning and as such, is dependent upon her parental family. She is living at Malout, which is at a distance of about 150 kilometres from Jagraon, District Ludhiana. In the given circumstances, it is submitted that it is difficult for the applicant, to defend the divorce petition, pending in Jagraon.

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In view of the submissions aforesaid, it is pertinent to mention that generally, the Courts lean towards convenience of the wife, in case of transfer applications, relating to the matrimonial disputes. However, it is not a thumb rule. The Court has to take into consideration various other circumstances, spelt out from the material brought on record and then weigh the convenience/inconvenience of the parties. In the case in hand, there are two sons born from the estranged marriage and they are of the age-group of 9-12 years. Both of them are residing with the respondent. At the same time, it ought to be taken into consideration that the applicant is not having any source of earning and she is totally dependent upon her parental family. The distance between the two places is about 150 kilometres, which weighs the mind of the Court, while considering the present application, more particularly, when the respondent has not come forward to resist the application.

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In view of the aforesaid fact situation, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/334/2022, titled ‘Sandeep Singh Vs. Sunita Rani’, filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Jagraon, District Ludhiana, to the Court of competent jurisdiction at Malout, District Sri Muktsar Sahib. The requisite record of the aforesaid case be sent

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Sonu 2025.05.19 15:33 I agree to specified portions of this document P&HHC

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by the Family Court (Camp Court) Jagraon, to the District and Sessions Judge, Sri Muktsar Sahib.

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

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(ARCHANA PURI) 19.05.2025 JUDGE

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Himanshu

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Whether speaking/reasoned : Yes Whether reportable : Yes/No

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Sonu 2025.05.19 15:33 I agree to specified portions of this document P&HHC

Sunita Rani v. Sandeep Singh

Case brief

What is this about?

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Sunita Rani v. Sandeep Singh

Case brief

What is this about?

What did the court decide?

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