Kavita Rani v. Sachin Kumar

CORAM : HON’BLE MS. JUSTICE NIDHI GUPTA CORAM : HON’BLE MS. JUSTICE NIDHI GUPTA CORAM : HON’BLE MS. JUSTICE NIDHI GUPTA Present: Mr. S.S.Killianwali, for the petitioner. Mr. S.S.Killianwali, Advocate for the petitioner. Mr. Vivek Salathia, Advocate for the respondent. Mr. Vivek Salathia, Advocate for the respondent. Mr. Vivek Salathia, Advocate for the respondent. NIDHI GUPTA, J. NIDHI GUPTA, J. wife is for transfer of the Prayer in this petition filed by petitioner-wife is for transfer of the Prayer in this petition filed by petitioner Prayer in this petition filed by petitioner petition filed by the respondent-husband under Section petition filed by the respondent of the Hindu Marriage husband under Section 13 of the Hindu Marriage Sachin Act, 1955 (hereinafter referred to as ‘HMA’) seeking divorce titled as “Sachin Act, 1955 (hereinafter referred to as ‘HMA’) Act, 1955 (hereinafter referred to as ‘HMA’) Kumar Vs. Kavita” bearing case No.HMA/234 Kumar Vs. Kavita 1) pending 234/2024 (Annexure P-1) pending before the ld. Principal Judge, Family Court Principal Judge, Family Court Barnala Principal Judge, Barnala to the ld. Principal Judge, Family Court, Malout, District Sri Muktsar Sahib. Family Court, Malout, District Sri Muktsar Sahib Family Court, Malout, District Sri Muktsar Sahib

2. Brief facts of the case are that the petitioner was married to the Brief facts of the case are that the petitioner was married to the Brief facts of the case are that the petitioner was married to the Brief facts of the case are that the petitioner was married to the respondent on 08.02.2011

08.02.2011. One daughter and one son of their One daughter and one son were born out of their wedlock, who are admittedly , who are admittedly in the care and custody of the in the care and custody of the respondent. Parties 2024 due to matrimonial discord. residing separately since March 2024 due to matrimonial discord. residing separately since Ma

3. Learned counsel for the petitioner seeks transfer of the above- Learned counsel for the petitioner seeks transfer of the above Learned counsel for the petitioner seeks transfer of the above Learned counsel for the petitioner seeks transfer of the above mentioned petition filed by the respondent-husband under Section mentioned petition filed by the respondent of the Hindu husband under Section 13 of the Hindu Marriage Act, from Barnala to Malout on account of the following reasons: Marriage Act, from on account of the following reasons:- TRIPTI SAINI 2026.05.22 17:48 I attest to the accuracy and integrity of this document 2025 (O&M) TA-1720-2025 (O&M) -2- i) hat the petitioner is unemployed, therefore, the petitioner does That the petitioner is unemployed, therefore, the petitioner does hat the petitioner is unemployed, therefore, the petitioner does kms one way not have the means to travel the distance of about 130 kms one way not have the means to travel the distance of about not have the means to travel the distance of about from Malout to Barnala; ii) That two cases being a petition under Section 12 of DV Act two cases being a petition under Section 12 of DV Act filed by the petitioner and a maintenance petition under Section 125 filed by the petitioner and a maintenance petition under Section 125 filed by the petitioner and a maintenance petition under Section 125 filed by the petitioner and a maintenance petition under Section 125 3, respectively are already pending at Cr.P.C, Annexures P-2 and P-3, respectively are already pending at 3, respectively are already pending at Cr.P.C, Annexures P Malout; Malout On a Court query, learned counsel for the petitioner has iii) On a Court query, learned counsel for the petitioner has On a Court query, learned counsel for the petitioner has iii) , as such admitted that the petitioner is a graduate and is physically fit, as such admitted that the petitioner is a graduat admitted that the petitioner is a graduat the petitioner has failed to make out any ground as to why she is not the petitioner has failed to make out any ground as to why she is not the petitioner has failed to make out any ground as to why she is not the petitioner has failed to make out any ground as to why she is not working. working. It is accordingly, prayed that present petition be allowed and the It is accordingly, prayed that present petition be allowed and the It is accordingly, prayed that present petition be allowed and the It is accordingly, prayed that present petition be allowed and the 1 be mentioned petition filed under Section 13 of HMA Annexure P-1 be mentioned petition filed under Section afore-mentioned petition filed under Section transferred from the Family Court, ansferred from the Family Court, Barnala to Malout Malout.

4. Per contra, Ld counsel for the respondent Per contra, husband vehemently Ld counsel for the respondent-husband vehemently both the opposes submissions advanced on behalf of the petitioner and submits that both the opposes submissions advanced on behalf of the petitioner and submits that opposes submissions advanced on behalf of the petitioner and submits that It is further submitted that children are in the care and custody of the respondent. It is further submitted that children are in the care and custody of the respondent. children are in the care and custody of the respondent. the respondent is working as an Insurance Agent and it is very difficult for him to the respondent is working as an Insurance Agent and it is very difficult for him to the respondent is working as an Insurance Agent and it is very difficult for him to the respondent is working as an Insurance Agent and it is very difficult for him to after both the minor work and pay maintenance to the petitioner as also look-after both the minor work and pay maintenance to the petitioner as also look work and pay maintenance to the petitioner as also look sen at Barnala as the children. It is also submitted that the cause of action had arisen at Barnala as the children. It is also submitted that the cause of action had ari children. It is also submitted that the cause of action had ari matrimonial home is in Barnala. matrimonial home is in Barnala

5. No other argument is raised on No other argument is raised behalf of learned counsel for the behalf of learned counsel for the parties. I have heard learned counsel and perused the case file in detail. I find no parties. I have heard learned counsel and perused the case file in detail. I find no parties. I have heard learned counsel and perused the case file in detail. I find no parties. I have heard learned counsel and perused the case file in detail. I find no the petitioner. merit in the submissions advanced on behalf of the petitioner. merit in the submissions advanced on behalf of

6. Having heard learned counsel for the parties and keeping in view the Having heard learned counsel for the parties and keeping in view the Having heard learned counsel for the parties and keeping in view the Having heard learned counsel for the parties and keeping in view the noted facts and circumstances of the case, particularly the fact that the afore-noted facts and circumstances of the case, particularly the fact that the noted facts and circumstances of the case, particularly the fact that the noted facts and circumstances of the case, particularly the fact that the TRIPTI SAINI 2026.05.22 17:48 I attest to the accuracy and integrity of this document 2025 (O&M) TA-1720-2025 (O&M) -3- handedly taking care of respondent is working as an Insurance Agent and is single-handedly taking care of respondent is working as an Insurance Agent and is single respondent is working as an Insurance Agent and is single inor children by providing not only for their material requirements but also the minor children by providing not only for their material requirements but also inor children by providing not only for their material requirements but also inor children by providing not only for their material requirements but also being, whereas the petitioner, by her own ensuring their mental and physical well-being, whereas the petitioner, by her own being, whereas the petitioner, by her own ensuring their mental and physical well to transfer the ion, is not engaged in any work, this Court is not inclined to transfer the ion, is not engaged in any work, this Court admission, is not engaged in any work, this Court mentioned petition filed under Section 13 of HMA. afore-mentioned petition filed under Section 13 of HMA. mentioned petition filed under Section 13 of HMA.

7. This Court is also well aware that the preponderance of law in cases This Court is also well aware that the preponderance of law in cases This Court is also well aware that the preponderance of law in cases This Court is also well aware that the preponderance of law in cases of transfer emanating from matrimonial disputes is in favour of the wife. However, of transfer emanating from matrimonial disputes is in favour of the wife. However, of transfer emanating from matrimonial disputes is in favour of the wife. However, of transfer emanating from matrimonial disputes is in favour of the wife. However, o the present one, the Hon’ble Supreme Court, as well as in certain cases similar to the present one, the Hon’ble Supreme Court, as well as o the present one, the Hon’ble Supreme Court, as well as in certain cases similar t this Court have declined relief to the wife. One such case is: this Court have