IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Sr. No.244 Date of Decision: 14.11.2025 PAYAL ....Applicant Versus SANJEEV KUMAR .....Respondent CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Jyoti Rani, Advocate for the applicant.

Mr. Amar Singh Chahal, Advocate for the respondent.

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ARCHANA PURI, J. (Oral)

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/873/2023, titled ‘Sanjeev Kumar Vs. Payal’, filed by the respondent- husband, pending in the Family Cour, Chandigarh and she seeks transfer of the same to the Court of competent jurisdiction at Jalandhar.

In pursuance of notice issued, the respondent made appearance through counsel and filed reply.

Counsel for the parties heard.

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 23.04.2022, but no child was born from the said wedlock. However, on account of the matrimonial dispute, the parties are residing separate. Counsel submits that the applicant is working in LIC, in clerical cadre. The respondent is also working in Bank of Baroda, Nehru Garden, Jalandhar, but still, he has filed the divorce petition in the Chandigarh Courts. Also, it is submitted that the respondent is facing trial in the Courts at Jalandhar, relating to FIR bearing No.45 dated 07.06.2024, under Sections 406 and 498-A IPC, got lodged by the applicant at Women Police Station, Jalandhar. Besides the same, the respondent is making appearance in the complaint under the Protection of Women from Domestic Violence Act i.e. COMA/254/2024, which is also pending in the Courts at Jalandhar. Even, the applicant had filed the civil suit for recovery, copy whereof is Annexure A-3, which is also pending in the Courts at Jalandhar and the respondent is making appearance in the same. The distance between the two places is stated to be about 150 kms.

On the other hand, counsel for the respondent submits that the parties lastly resided at Chandigarh and therefore, the respondent has filed the divorce petition at Chandigarh. On query by this Court, it is not disputed that the respondent is posted in Jalandhar.

In the light of the aforesaid submissions and taking into consideration the fact of the respondent, himself posted in Bank of Baroda at Jalandhar, the fact of three other cases, as detailed aforesaid, to be already pending in the Courts at Jalandhar, as well as 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/873/2023, titled ‘Sanjeev Kumar Vs. Payal’, filed by the respondent-husband, stands transferred from the Family Court, Chandigarh, to the Court of competent jurisdiction at Jalandhar. The requisite record of the aforesaid case be sent by the Family Court, Chandigarh, to the District and Sessions Judge, Jalandhar.

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

Pending civil miscellaneous application also stands disposed of.

(ARCHANA PURI)

14.11.2025 JUDGE Himanshu Vats Whether speaking/reasoned : Yes Whether reportable : Yes/No