Diksha Saini v. Anish Chopra

TA-111-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.111 TA-111-2024 Date of Decision: 02.05.2025 DIKSHA SAINI ....Applicant

Versus

ANISH CHOPRA .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Vikrant K Vij, Advocate for the applicant. Respondent proceeded against ex parte vide order dated 25.04.2025.

***** ARCHANA PURI, J. (Oral) 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/1849/2023 titled "Anish Chopra v/s Diksha Saini", filed by the respondent/husband, which is pending in the courts at Amritsar and she seeks transfer of the same to the court of competent jurisdiction at Ludhiana. Upon notice, the respondent did not make appearance and was proceeded against ex parte.

Counsel for the applicant heard.

At the very outset, counsel for the applicant submits that the marriage between the parties was solemnized on 14.12.2022, but no child was born from the said wedlock. However, on account of matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning and is totally dependent upon her parental family. The applicant has filed complaint under Section 12 of the Protection of Women Sonu 2025.05.03 12:46 I agree to specified portions of this document P&HHC

TA-111-2024 from Domestic Violence Act, which is already pending in the courts at Ludhiana. Also, it is submitted that after filing of the transfer application, an FIR was got lodged by the applicant against the respondent, which is under inquiry. In the given circumstances, it is submitted that it is difficult for the applicant to defend the petition under Section 9 of Hindu Marriage Act, from a distance of about 150 kms, from Ludhiana.

In view of the aforesaid fact situation and also considering the fact that generally the courts give preference to the convenience of the wife in the transfer applications relating to the matrimonial disputes, more particularly, when the respondent has not come forward to resist the application, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/1849/2023 titled "Anish Chopra v/s Diksha Saini", filed by the respondent/husband, stands transferred from the Family Court, Amritsar to the Court of competent jurisdiction at Ludhiana. The requisite record of the aforesaid case be sent by the Family Court, Amritsar to the District and Sessions Judge, Ludhiana. Learned District and Sessions Judge, Ludhiana, shall assign the said petition to the Family Court, Ludhiana. Even, the parties are directed to appear before the Family Court, Ludhiana, within a period of one month from today onwards.

(ARCHANA PURI) 02.05.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.05.03 12:46 I agree to specified portions of this document P&HHC