Madhu Vs Surinder Pal — Punjab & Haryana HC (2026) — LawSathi Research

Madhu Vs Surinder Pal — Punjab & Haryana HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer application allowed: divorce petition HMA-1238-2025 ('Surinder Pal Vs. Madhu') transferred from the Family Court, Ludhiana to the Court of competent jurisdiction at Ferozepur; requisite record to be sent by the Court at Ludhiana to the District and Sessions Judge, Ferozepur, who shall assign the petition to the Family Court, Ferozepur; parties directed to appear before the Family Court, Ferozepur within one month.

Issue for consideration

Whether the transfer application filed by the applicant (Madhu) seeking transfer of divorce petition HMA-1238-2025 ('Surinder Pal Vs. Madhu') from the Family Court, Ludhiana to Ferozepur should be allowed.

Court's answer

The transfer application is allowed and the divorce petition bearing No. HMA-1238-2025, titled 'Surinder Pal Vs. Madhu', stands transferred from the Family Court, Ludhiana to the Court of competent jurisdiction at Ferozepur.

Ratio / Principle

The Court took into consideration the fact of the one son born from the estranged marriage being in the care and custody of the applicant in allowing the transfer.

Key takeaways

The Court took into consideration the conduct of the applicant about not making payment of maintenance as ordered by the Court in deciding the transfer application.ratio¶17
The pending execution petition at Ferozepur (filed by the applicant and the minor child) and the distance of 120 kilometres between the two places were additionally considered in allowing the transfer application.ratio¶21
The requisite record of the petition is to be sent by the Court concerned at Ludhiana to the District and Sessions Judge, Ferozepur, who shall assign the petition to the Family Court, Ferozepur; the parties are directed to appear before the Family Court, Ferozepur within one month.

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Chandigarh), TA-1255-2025, decided 12.03.2026 by Archana Puri, J. (Oral): Madhu v. Surinder Pal — Transfer application allowed on the strength of the respondent's counsel's statement of no objection; divorce petition HMA-1238-2025 ('Surinder Pal Vs. Madhu') transferred from the Family Court, Ludhiana to the Court of competent jurisdiction at Ferozepur, considering the minor son's care and custody with the applicant, the non-payment of maintenance as ordered by the Court (on account of which the applicant and the minor child filed an execution petition pending at Ferozepur), and the 120 km distance between the two places. Requisite record to be sent to the District and Sessions Judge, Ferozepur, who shall assign the petition to the Family Court, Ferozepur; parties directed to appear there within one month.

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TA-1255-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.223

TA-1255-2025 Date of Decision: 12.03.2026

MADHU

....Applicant

Versus

SURINDER PAL

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. V.K. Sandhi, Advocate for Mr. Umesh Kumar Kanwar, Advocate for the applicant.

Ms. Simran Dhingra, Advocate for Mr. Balwinder Singh Chahal, Advocate for the respondent.

ARCHANA PURI, J. (Oral)

Counsel appearing on behalf of respondent submits that she does not want to file reply to the present application and also submits that the respondent has no objection if the transfer application is allowed and the divorce petition is transferred.

In view of the statement made by the counsel for the respondent and also taking into consideration the fact of one son born from the estranged marriage, to be in the care and custody of the applicant as well as taking into consideration the conduct of the applicant about not making payment of maintenance, as ordered by the Court, on which account, the

PREETI 2026.03.12 16:07 I attest to the accuracy and integrity of this document

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TA-1255-2025

applicant as well as the minor child was constrained to file the execution petition, which is pending in the Courts at Ferozepur as well as considering the distance between the two places to be 120 kilometres, the present transfer application is allowed and the petition bearing No.HMA-1238-2025 titled as ‘ Surinder Pal Vs. Madhu ’, copy whereof is Annexure P-5, stands transferred from the Family Court, Ludhiana to the Court of competent jurisdiction at Ferozepur. The requisite record of the petition be sent by the Court concerned at Ludhiana, to the District and Sessions Judge, Ferozepur.

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

12.03.2026 Preeti S.

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

PREETI 2026.03.12 16:07 I attest to the accuracy and integrity of this document