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High Court of Punjab and HaryanaTA/89/2025allowed

Geetu Rani v. Sumit Alias Sumit Kumar

2025-08-11Mrs. Justice Archana Puri2 pages

TA-89-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.250 TA-89-2025 Date of Decision: 11.08.2025 GEETU RANI ....Applicant

Versus

SUMIT @ SUMIT KUMAR .....Respondent

CORAM:

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

Respondent proceeded against ex parte vide order dated 16.05.2025.

***** ARCHANA PURI, J. (Oral) 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/1895/2024, titled 'Sumit Kumar Vs. Geetu Rani', filed by the respondent-husband, pending in the Family Court, Gurugram and she seeks transfer of the same to the Court of competent jurisdiction at Hansi, District Hisar.

Upon notice issued, the respondent did not make appearance, despite service and as such, was proceeded against ex parte. Counsel for the parties heard.

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 09.02.2019. One son born from the said wedlock, who is about 5 years old, is in the care and custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. The applicant is unemployed and Sonu 2025.08.12 09:58 I agree to specified portions of this document P&HHC

TA-89-2025 as such, has no source of earning. She has filed the petition under the Protection of Women from Domestic Violence Act, which is pending in the Courts at Hansi and the respondent is making appearance in the same. Also, it is submitted that after filing of the present application, FIR under Sections 406 and 498-A IPC, has been got registered by the applicant, against the respondent, in Hansi. The distance between the two places is stated to be about 160 kilometres.

Keeping in view the aforesaid mitigating circumstances and also considering the fact of the respondent having not come forward to resist the application, more particularly, when he is pursuing the case, which is pending in the Courts at Hansi, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/1895/2024, titled 'Sumit Kumar Vs. Geetu Rani', filed by the respondent-husband, stands transferred from the Family Court, Gurugram, to the Court of competent jurisdiction at Hansi, District Hisar. The requisite record of the aforesaid case be sent by the Family Court, Gurugram, to the District and Sessions Judge, Hisar.

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

(ARCHANA PURI) 11.08.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.08.12 09:58 I agree to specified portions of this document P&HHC