Jyoti Chaswal v. Ravindra Chaswal

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.125 Date of Decision: 14.05.2025 JYOTI CHASWAL ....Applicant

Versus

RAVINDRA CHASWAL .....Respondent

CORAM:

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

Respondent-in-person.

***** ARCHANA PURI, J. (Oral) Respondent-Ravindra Chaswal, has made appearance in person. To affix his identity, he has produced on record copies of his Aadhar Card, as well as driving licence, which are taken on record. However, he submits that he does not intend to engage the counsel, nor he intends to file reply to the transfer application. The counsel for the applicant, as well as the respondent, who is present in person, heard.

The applicant-wife has filed the present application for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. HMA/802/2023, titled 'Col. Ravindra Chaswal Vs. Jyoti Chaswal', filed by the respondent-husband, pending in the Family Court, Ambala and she seeks transfer of the same to the Court of competent jurisdiction at Gurugram. At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on

21.01.1996. One daughter born from the said wedlock on 04.03.1999, is in the care and custody of the applicant. However, on account of the matrimonial dispute, the parties are residing separate. The applicant had filed a complaint i.e. DV/324/2023, which is pending in the Courts at Gurugram. The applicant is not having any source of earning and as such, is dependent upon her 25 years old daughter, who is unmarried and into work of Freelancer Digital Marketing.

On the other hand, the respondent, who has appeared in person, submits that he has no objection, if the application is allowed. However, he has pin-pointed the conduct of the applicant. Though, the divorce petition was filed in the year 2023, but it was only on the last two dates, that the applicant had made appearance, in the said case. However, on query by the Court, he submits that he is presently residing at Faridabad. In view of the submissions aforesaid, it is pertinent to mention that the applicant is a resident of Gurugram, where she seeks transfer of the divorce petition and the respondent is resident of Faridabad. Also, the respondent has no objection to the case being transferred, though, he has made a request for issuance of a time bound direction. Even, the respondent is a home-maker and not having any source of earning.

Furthermore, one case arising from the matrimonial dispute, relating to Protection of Women from Domestic Violence Act, is pending in the Courts at Gurugram. In view of the aforesaid fact situation the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/802/2023, titled 'Col. Ravindra Chaswal Vs. Jyoti Chaswal', filed by the respondent-husband, stands transferred from the Family Court, Ambala, to the Court of competent jurisdiction at Gurugram.

the aforesaid case be sent by the Family Court, Ambala, to the District and Sessions Judge, Gurugram.

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

So far as, the issuance of a time bound direction is concerned, no such direction can be given, even though, request is made by the respondent. However, if the respondent has any grievance with the slow pace of the divorce petition, after its transfer, he may make similar submission to the Court concerned, where the case is now to be taken up and the Court concerned shall consider the same, in the fitness of circumstances and pass an appropriate order.

(ARCHANA PURI) 14.05.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No