Manju And Others v. Jonny

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.104 Date of Decision: 04.09.2025 MANJU AND OTHERS ....Applicants

Versus

JONY .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. L.K. Narang, Advocate for the applicants.

None for the respondent.

***** ARCHANA PURI, J. (Oral) Perusal of the paperbook reveals that service of the respondent was duly effected, as observed in the order dated 11.12.2024 and since then, she has not made appearance. As such, the respondent is proceeded against ex parte.

The counsel for the applicants heard.

The applicants-Manju and others have filed the present application for seeking transfer of the civil suit i.e. CS/362/2022, titled 'Jony Vs. Manju and others', filed by the respondent, pending in the Courts at Kharkhoda, District Sonepat and the applicants seek transfer of the same to the Court of competent jurisdiction at Meham, District Rohtak. At the very outset, it is submitted by the counsel for the applicant that the present suit is for seeking damages to the extent of Rs.3,00,000/-. Respondent is sister-in-law of applicant No.1, as her brother was married to applicant No.1. On account of the matrimonial dispute, there

are various rounds of litigation between the parties. The applicant is not having any source of earning and she along with the minor son, is residing at her parental place in Meham. Even, she had filed the petition under Section 125 Cr.P.C., which has already been decided by the Courts at Meham and the execution relating to the same is still pending. Also, she has filed the petition under Section 12 of the Protection of Women from Domestic Violence Act, which is also pending in the Courts at Meham. Besides the same, the husband of applicant No.1, as well as his parents, are facing trial in the Courts at Rohtak, relating to FIR bearing No.11 dated 06.01.2021, under Sections 34, 354-A, 376, 406, 498-A and 506 IPC, got lodged by applicant No.1 at Police Station Meham, District Rohtak. Respondent was also arrayed as an accused in the said FIR, but she was found innocent. She is also not impleaded in the petition under the Protection of Women from Domestic Violence Act. All the aforesaid cases are pending in the Courts at Meham.

Besides the aforesaid, also the counsel has placed on record copy of the order dated 19.05.2023 passed in TA-667-2023, whereby the divorce petition filed, at the instance of the husband-applicant No.1, was transferred from Kharkhoda, to the Court of competent jurisdiction at Meham, District Rohtak. The distance between the two places is stated to be about 70 kilometres.

Considering the aforesaid mitigating circumstances and more particularly, the fact of the applicant, taking care of the minor son born from the wedlock of the parties; the entire litigation arising from the matrimonial dispute of applicant No.1, of which the suit in question is also an offshoot and above all, considering the fact about the respondent, having not come

forward to resist the application, the transfer application is allowed and the civil suit i.e. CS/362/2022, titled 'Jony Vs. Manju and others', filed by the respondent, stands transferred from the Courts at Kharkhoda, District Sonepat, to the Court of competent jurisdiction at Meham, District Rohtak. The requisite record of the aforesaid case be sent by the Court concerned, to the District and Sessions Judge, Rohtak.

Learned District and Sessions Judge, Rohtak, shall assign the said petition to the Court of competent jurisdiction at Meham. Even, the parties are directed to appear before the concerned Court, within a period of one month from today onwards.

(ARCHANA PURI) 04.09.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No