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High Court of Punjab and HaryanaTA/24/2025allowed

Pooja Kaur v. Angrej Singh

2025-05-13Mrs. Justice Archana Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.211 Date of Decision: 13.05.2025 POOJA KAUR ....Applicant

Versus

ANGREJ SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. A.S. Sarwara, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 28.03.2025, despite service, the respondent did not make appearance on that date. Even today, he has not made appearance. As such, the respondent is proceeded against ex parte.

The counsel for the applicant heard.

The applicant-wife has filed the present application for seeking transfer of the petition under Section 9 of the Hindu Marriage Act i.e. DMC/1357/2023, titled 'Angrej Singh Vs. Pooja Kaur', filed by the respondent-husband, pending in the Family Court, Patiala and she seeks

transfer of the same to the Court of competent jurisdiction at Barnala. It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 27.03.2016. It was the second marriage of the respondent, whereas, it was first marriage of the applicant. From first marriage of the respondent, two children were born, who are aged 14 years and 12 years and they are presently in the care and custody of the respondent. However, from the marriage of the applicant and respondent, one son was born, who is about 6 years old and he is in the care and custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. The applicant had filed the maintenance petition, which is pending in the Courts at Barnala.

The respondent did not make appearance in the said petition and as such, has been proceeded against ex parte. Further, it is submitted that the son of the applicant is studying in the school in District Barnala, which is at a distance of about 110 kilometres from Patiala. In the given circumstances, it is submitted that it is difficult for the applicant to commute such a distance, to defend the petition under Section 9 of the Hindu Marriage Act.

In view of the submissions aforesaid, more particularly taking into consideration the fact of the respondent not having come forward to resist the application and also considering the fact of the applicant taking care of the minor school-going son, as well as the distance between the two places, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. DMC/1357/2023, titled 'Angrej Singh Vs. Pooja Kaur', filed by the respondent-husband, stands transferred from the Family Court, Patiala, to the Court of competent jurisdiction at Barnala. The

requisite record of the aforesaid case be sent by the Family Court, Patiala, to the District and Sessions Judge, Barnala.

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

(ARCHANA PURI) 13.05.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No