TA No.1234 of 2022 (O&M)

1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

TA No.1234 of 2022 (O&M)

Date of decision: 17.10.2022

Arshdeep Kaur

....Petitioner

Versus

Gurinder Singh

....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. Achin Gupta, Advocate

for the petitioner.

ARVIND SINGH SANGWAN J. (Oral)

Prayer in this petition is for transfer of the petition filed

under Section 13(ia)(ib) of the Hindu Marriage Act, pending in the

Family Court, Ludhiana to the competent Court of jurisdiction at

Faridkot.

Counsel for the petitioner has argued that on account of a

matrimonial discord, the petitioner has filed a petition under Section

125 Cr.P.C. and a petition/complaint under the Domestic Violence Act

at Faridkot.

Counsel for the petitioner has further submitted that the

respondent/husband has filed the petition under Section 13(ia)(ib) of

the Hindu Marriage Act, as a counter-blast, before the Principal Judge,

Family Court, Ludhiana.

Counsel for the petitioner has also argued that on account

of a petition filed by the respondent/husband, the petitioner is facing

great difficulty in prosecuting the said case as there is a distance of

about 120 Kms from Faridkot to Ludhiana.

MOHD YAKUB

2022.10.17 15:30

I attest to the accuracy and

authenticity of this document

Punjab & Haryana High Court,

Chandigarh.

TA No.1234 of 2022 (O&M)

2

Counsel for the petitioner has further contended that the

petitioner is having a minor child, who is living in her care and custody

and she is facing difficulty to defend the case as she has to travel from

Faridkot to Ludhiana.

Counsel for the petitioner has also argued that on an earlier

occasion, the petitioner filed TA No.501 of 2019, for transfer of the

divorce petition from Ludhiana to Faridkot and the same was allowed

on 18.11.2019, by passing the following order:-

“Applicant Arshdeep Kaur, aged about 27 years,

estranged wife of Gurinder Singh-respondent, presently

residing with her parents at Village Bargari, District

Faridkot on account of matrimonial discord between the

spouses, by way of filing the instant application seeks

transfer of petition under Section 13 of the Hindu

Marriage Act filed by her husband Gurinder Singh against

her having title 'Gurinder Singh Vs. Arshdeep Kaur'

pending in the Court of Additional Principal Judge,

Family Court, Ludhiana to the Court of competent

jurisdiction at Faridkot.

According to the applicant, the marriage performed

between the parties on 30.12.2015 ran into rough weather.

The applicant was harassed for bringing less dowry by

respondent and his family members, therefore, she had to

leave the matrimonial home and start residing with her

parents since 30.3.2017. She does not have any source of

income. She is taking care of minor son of the parties

namely Jobanpreet, aged about 1½ years. The applicant

has filed petition under Section 125 Cr.P.C. for grant of

maintenance for her as well as for her minor son. The

applicant has also filed complaint under Sections 498-

A/406/499/500/506 IPC in the Court of Chief Judicial

Magistrate, Faridkot. The respondent has filed the petition

in question just to harass her. It is, difficult for her to

travel from her parental place to Ludhiana so as to attend

the dates of hearing in the Court there, therefore, the

application be accepted.

MOHD YAKUB

2022.10.17 15:30

I attest to the accuracy and

authenticity of this document

Punjab & Haryana High Court,

Chandigarh.

TA No.1234 of 2022 (O&M)

3

Notice of the application was given to the

respondent, who has put in appearance through his

counsel and is vehemently opposing the application.

I have heard learned counsel for the parties besides

going through the record.

The Apex Court in various judgments has observed

that in matrimonial disputes between the spouses

convenience of wife should be looked into. In that regard a

reference can be made to authority Sumita Sing