Sushila Kumari Alias Sushila Devi Vs Sunil — Domestic Violence | Punjab & Haryana HC (2026)

Sushila Kumari Alias Sushila Devi Vs Sunil — Domestic Violence | Punjab & Haryana HC (2026)

What the court decided

AI extract

Outcome

Transfer of the divorce petition under Section 13 HMA (HMA/243/2025, 'Sunil v/s Sushila Devi') from the Family Court, Kaithal to the Family Court (Camp Court), Hansi, District Hisar; record to be sent to the District and Sessions Judge, Hisar for assignment; parties to appear before the transferee court within one month.

Issue for consideration

Whether the divorce petition under Section 13 of the Hindu Marriage Act (HMA/243/2025, titled 'Sunil v/s Sushila Devi') filed by the respondent-husband and pending before the Family Court, Kaithal should be transferred to the Family Court (Camp Court), Hansi, District Hisar, on the applicant-wife's application.

Court's answer

The transfer application is allowed: considering the applicant taking care of the minor daughter while doing singular parenting, the fact that two cases arising from the matrimonial dispute are already pending in the Courts at Hansi, and the distance of about 100 kms between the two places, the petition under Section 13 HMA (HMA/243/2025, 'Sunil v/s Sushila Devi') stands transferred from the Family Court, Kaithal to the Family Court (Camp Court), Hansi, District Hisar.

Ratio / Principle

The respondent, despite filing a reply, did not appear on the last two dates of hearing or on the date of decision; he was proceeded against ex parte and the application was heard through the applicant's counsel.

Key takeaways

The Family Court, Kaithal is to send the requisite record to the District and Sessions Judge, Hisar, who shall assign the petition to the Family Court (Camp Court), Hansi; the parties are directed to appear before the Family Court (Camp Court), Hansi within one month.ratio¶30

Detailed headnote1 paragraphs

Transfer Application (TA-1555-2025, decided 01.05.2026) — Divorce petition under Section 13 of the Hindu Marriage Act (HMA/243/2025, 'Sunil v/s Sushila Devi') filed by the husband pending before the Family Court, Kaithal — wife-applicant sought transfer to the Family Court (Camp Court), Hansi, District Hisar — respondent proceeded ex parte despite filing a reply, which disclosed no peculiar circumstance countering transfer — transfer allowed on the grounds that the applicant-wife, with no source of earning, is caring for the minor daughter aged about 3 1/2 years while doing singular parenting; two connected proceedings (petition under Section 144 BNSS and petition under Sections 12 to 23 of the DV Act) are already pending in the courts at Hansi with the respondent appearing therein; and the distance between the two places is about 100 kms — Family Court, Kaithal directed to send the record to the District and Sessions Judge, Hisar, to assign the petition to the Family Court (Camp Court), Hansi; parties to appear within one month.

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TA-1555-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.208

TA-1555-2025 Date of Decision: 01.05.2026

SUSHILA KUMARI ALIAS SUSHILA DEVI

....Applicant

Versus

SUNIL

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. Baljeet Beniwal, Advocate for the applicant.

None for the respondent.

ARCHANA PURI, J. (Oral)

Even though, reply has been filed by the respondent, before the Registry, but however, the respondent did not make appearance. Even on the last two dates of hearing, none had made appearance on behalf of the respondent. Even today, he has not made appearance.

As such, 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 13 of the Hindu Marriage Act i.e. HMA/243/2025, titled ‘Sunil v/s Sushila Devi’, filed by the respondent-

SONU 2026.05.01 15:01 I attest to the accuracy and authenticity of this document

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TA-1555-2025

husband, pending in the Family Court, Kaithal and she seeks transfer of the same to Family Court (Camp Court), Hansi, District Hisar.

At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 28.02.2019 and one daughter born from the said wedlock, who is about 3 ½ years old, is in the care and custody of the applicant. On account of matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning. Even, she has filed petition under Section 144 of Bharatiya Nagarik Suraksha Sanhita as well as petition under Section 12 to 23 of Protection of Women from Domestic Violence Act, which are pending in the courts at Hansi. The respondent is making appearance in both the said cases. The distance between the two places is stated to be about 100 kms.

Even though, reply has been filed by the respondent, but however, he has not made appearance today and as observed aforesaid, has been proceeded against ex parte. The reply, as such, does not spell out any peculiar circumstance, countering the claim for seeking transfer of the divorce petition.

Considering the submissions made by the counsel for the applicant, more particularly, the fact of applicant taking care of the minor daughter, while doing singular parenting; fact of two cases arising from the matrimonial dispute, already pending in the Courts at Hansi and also considering the distance between the two places, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/243/2025, titled ‘Sunil v/s Sushila Devi’, filed by the respondent-

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TA-1555-2025

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husband, stands transferred from the Family Court, Kaithal to Family Court (Camp Court), Hansi, District Hisar. The requisite record of the aforesaid case be sent by the Family Court, Kaithal, to the District and Sessions Judge, Hisar.

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

			(ARCHANA PURI)
01.05.2026			JUDGE
Sonu Saini
	Whether speaking/reasoned	:	Yes
	Whether reportable	:	Yes/No

SONU 2026.05.01 15:01 I attest to the accuracy and authenticity of this document