Shiva Sharma v. Bunty Shahi

TA-34-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.253 TA-34-2025 Date of Decision: 04.08.2025 SHIVA SHARMA @ BEENU ....Applicant

Versus

BUNTY SHAHI .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Ajay Kumar, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) There is no representation on behalf of the respondent. Even no reply has been filed on his behalf. 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. HMA/36/2024 titled 'Bunty Shahi v/s Shiva Sharma @ Beenu', filed by the respondent-husband, pending in the Family Court, Amloh, District Fatehgarh Sahib and she seeks transfer of the same to the Court of competent jurisdiction at Patti, District Tarn Taran. It is submitted by the counsel for the applicant that the female child born from the wedlock of the parties to the lis, is in the care and custody of the applicant. Though the applicant is stated to be working as private teacher, but however, the earnings are not sufficient for the Anu 2025.08.05 11:31 I attest to the accuracy and authenticity of this document Chandigarh

TA-34-2025 upbringing of the minor child. In the given circumstances, it is submitted that it is difficult for the applicant, to commute a distance of about 183 kms, to defend the petition under Section 9 of Hindu Marriage Act. Considering the aforesaid mitigating circumstances, more particularly, when the respondent, as such, has not come forward to resist the transfer application, the same is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/36/2024 titled 'Bunty Shahi v/s Shiva Sharma @ Beenu', filed by the respondent-husband, stands transferred from the Family Court, Amloh, District Fatehgarh Sahib to the Court of competent jurisdiction at Tarn Taran. The requisite record of the aforesaid case be sent by the Family Court, Amloh, to the District and Sessions Judge, Tarn Taran.

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

(ARCHANA PURI) 04.08.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Anu 2025.08.05 11:31 I attest to the accuracy and authenticity of this document Chandigarh