Minky Vs Robin Sahota — Domestic Violence | Punjab & Haryana HC (2025)

Minky Vs Robin Sahota — Domestic Violence | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer application allowed; civil suit CS/1476/2023 titled 'Robin Sahota Vs. Minky' transferred from the Courts at Amritsar to the Court of competent jurisdiction at Pathankot; requisite record to be sent by the concerned Court at Amritsar to the District and Sessions Judge, Pathankot, for assignment to the Court concerned; parties directed to appear before the concerned Court at Pathankot within one month.

Issue for consideration

Whether the civil suit CS/1476/2023 titled 'Robin Sahota Vs. Minky', filed by the respondent-husband for damages/compensation and pending at Amritsar, should be transferred to the Court of competent jurisdiction at Pathankot in view of the hardship and convenience of the applicant-wife.

Court's answer

In view of the fact situation and considering the preference generally given by the Courts to the convenience of the wife in transfer applications relating to matrimonial disputes, more particularly when the respondent did not come forward to resist the application, the transfer application was allowed.

Ratio / Principle

Despite service, the respondent did not appear on 03.03.2025, on 07.05.2025, or on the date of hearing; accordingly, the respondent was proceeded against ex parte.

Key takeaways

The civil suit CS/1476/2023 titled 'Robin Sahota Vs. Minky', filed by the respondent-husband, stands transferred from the Courts at Amritsar to the Court of competent jurisdiction at Pathankot.ratio¶¶24
The requisite record of the transferred case is to be sent by the concerned Court at Amritsar to the District and Sessions Judge, Pathankot, who shall assign the petition to the Court concerned at Pathankot.ratio¶¶29
The parties were directed to appear before the concerned Court at Pathankot within a period of one month.

Detailed headnote1 paragraphs

Punjab and Haryana High Court (Archana Puri, J., oral), TA-72-2025, decided 13.05.2025 — Transfer of matrimonial-related civil suit on grounds of wife's convenience. Applicant-wife Minky sought transfer of the suit CS/1476/2023 titled 'Robin Sahota Vs. Minky', filed by the respondent-husband for damages/compensation and pending at Amritsar, to Pathankot. The parties married on 19.10.2020 per Christian rites; one daughter, about 3 years old, is in the applicant's care and custody; she has no source of earning. Parallel proceedings at Pathankot: petition under Section 125 Cr.P.C. (respondent appearing), petition under Section 12 of the Protection of Women from Domestic Violence Act (appearance stage), and FIR No.32 dated 28.03.2022 under Sections 406 and 498-A IPC, PS Division No.1, Pathankot, pending investigation; commuting distance about 100 kilometres. The respondent, though served, did not appear on 03.03.2025, 07.05.2025 or the hearing date and was proceeded against ex parte. Considering the Courts' general preference for the wife's convenience in transfer applications in matrimonial disputes, the Court allowed the transfer: the suit stands transferred from Amritsar to the Court of competent jurisdiction at Pathankot; the record is to be sent to the District and Sessions Judge, Pathankot, for assignment; and the parties are to appear before the concerned Court at Pathankot within one month.

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TA-72-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.123

TA-72-2025 Date of Decision: 13.05.2025

MINKY

....Applicant

Versus

ROBIN

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. Munish Puri, Advocate for the applicant.

None for the respondent.

ARCHANA PURI, J. (Oral)

As per the observations made in the order dated 03.03.2025, despite service, the respondent did not make appearance on that date. Even on the subsequent date i.e. 07.05.2025, he has not made appearance. Today also, he has not made appearance. As such, the respondent is proceeded against ex parte .

The counsel for the applicant heard.

The applicant-wife has filed the present application for seeking transfer of the civil suit i.e. CS/1476/2023, titled ‘Robin Sahota Vs. Minky’, filed by the respondent-husband, for seeking damages/compensation. The said suit is pending in the Courts at Amritsar and the applicant seeks transfer

Sonu 2025.05.14 08:35 I agree to specified portions of this document P&HHC

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TA-72-2025

of the same to the Court of competent jurisdiction at Pathankot.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 19.10.2020, as per Christian Rites and Rituals. One daughter was born from the said wedlock, who is about 3 years old and is in the care and custody of the applicant. The applicant is not having any source of earning and as such, has also filed the petition under Section 125 Cr.P.C., which is pending in the Courts at Pathankot. The respondent is making appearance in the said petition. Besides the same, the applicant has also filed the petition under Section 12 of the Protection of Women from Domestic Violence Act, which is also pending in the Courts at Pathankot, at appearance stage. Even, FIR bearing No.32 dated 28.03.2022, under Sections 406 and 498-A IPC, got lodged by the applicant at Police Station Division No.1, Pathankot, is still pending investigation. In the given circumstances, it is submitted that it is difficult for the applicant, to commute a distance of about 100 kilometres, to defend the civil suit, more particularly, when she is taking care of the minor daughter and having no source of earning.

In view of the aforesaid fact situation and considering the preference generally given by the Courts to the convenience of wife in the transfer applications relating to the matrimonial disputes, more particularly, when the respondent has not come forward to resist the application, the transfer application is allowed and the civil suit i.e. CS/1476/2023, titled ‘Robin Sahota Vs. Minky’, filed by the respondent-husband, stands transferred from the Courts at Amritsar, to the Court of competent jurisdiction at Pathankot. The requisite record of the aforesaid case be sent

Sonu 2025.05.14 08:35 I agree to specified portions of this document P&HHC

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TA-72-2025

by the concerned Court at Amritsar, to the District and Sessions Judge, Pathankot.

Learned District and Sessions Judge, Pathankot, shall assign the said petition to the Court concerned at Pathankot. Even, the parties are directed to appear before concerned Court at Pathankot, within a period of one month from today onwards.

13.05.2025 Himanshu

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

Sonu 2025.05.14 08:35 I agree to specified portions of this document P&HHC