Usha v. Tinku

TA-30-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.205 TA-30-2025 Date of Decision: 16.05.2025 USHA ....Applicant

Versus

TINKU .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 29.04.2025, 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 applicant/wife has filed the present application for seeking transfer of the petition under Section 9 of the Hindu Marriage Act titled "Tinku v/s Usha", filed by the respondent/husband, which is pending in the courts at Charkhi Dadri and she seeks transfer of the same to the court of competent jurisdiction at Gohana, District Sonepat. Counsel for the applicant heard.

It is submitted by the counsel for the applicant that the marriage between the parties was solemnized on 03.04.2021, but no child was born from the said wedlock. On account of matrimonial dispute, the parties are Sonu 2025.05.19 15:19 I agree to specified portions of this document P&HHC

TA-30-2025 residing separate. Also, it is submitted that the applicant is not having any source of income. She has also filed petition under Section 125 Cr.P.C., which is pending in the courts at Gohana, District Sonepat, which is at the appearance stage. The distance between the two places is stated to be about 100 kms and as such, it is difficult for the applicant to pursue the petition pending at Charkhi Dadri.

In view of the submissions made aforesaid and also taking into consideration the fact of the respondent having not come forward to resist the application and also the fact that the applicant is not having any source of earning, the transfer application is hereby allowed and the petition under Section 9 of the Hindu Marriage Act titled "Tinku v/s Usha", filed by the respondent/husband, stands transferred from the Family Court, Charkhi Dadri, to the Court of competent jurisdiction at Gohana, Sonepat. The requisite record of the aforesaid case be sent by the Family Court, Charkhi Dadri, to the District and Sessions Judge, Sonepat. Learned District and Sessions Judge, Sonepat, shall assign the said petition to the Family Court (Camp Court), Gohana. Even, the parties are directed to appear before the Family Court (Camp Court), Gohana, within a period of one month from today onwards. (ARCHANA PURI) 16.05.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.05.19 15:19 I agree to specified portions of this document P&HHC