Pooja Kumari v. Hitesh Kumar

TA-108-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.213 TA-108-2025 Date of Decision: 30.01.2026 PUJA KUMARI ....Applicant

Versus

HITESH KUMAR .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Avtar S. Khinda, Advocate for the applicant.

Respondent proceeded against ex parte vide order dated 28.11.2025.

***** 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/12634/2024 titled 'Hitesh Kumar v/s Puja Kumari', filed by the respondent-husband, pending in the Family Court, Ludhiana and she seeks transfer of the same to the Court of competent jurisdiction at Kapurthala. Upon notice issued, the respondent did not make appearance and was proceeded against ex parte.

Counsel for the applicant 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 27.01.2023 but no child was born from the said wedlock. The applicant is working as Trackman at Railway Junction, Lohia, District Jalandhar. Even, PREETI 2026.01.31 10:09 I attest to the accuracy and authenticity of this document

TA-108-2025 she has filed petition under Section 12 of Protection of Women from Domestic Violence Act, which is pending in the courts at Sultanpur Lodhi, District Kapurthala as well as petition under Section 13 of Hindu Marriage Act, which is pending in the courts at Kapurthala. In both the said cases, the respondent is making appearance. The distance between the two places is stated to be 110 kms.

In view of the submissions aforesaid, more particularly, considering the two other cases arising from the estranged marriage, to be already pending at Sub Division level and District Head Quarter, which are being pursued by the respondent and above it the respondent not having 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/12634/2024 titled 'Hitesh Kumar v/s Puja Kumari', filed by the respondent-husband, stands transferred from the Family Court, Ludhiana, to the court of competent jurisdiction at Kapurthala. The requisite record of the aforesaid case be sent by the Family Court, Ludhiana, to the District and Sessions Judge, Kapurthala.

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

(ARCHANA PURI) 30.01.2026 JUDGE Sonu Saini Whether speaking/reasoned :

Yes Whether reportable :

Yes/No PREETI 2026.01.31 10:09 I attest to the accuracy and authenticity of this document