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High Court of Punjab and HaryanaTA/112/2025allowed

Shweta Mehra v. Rishab Kumar

2025-05-21Mrs. Justice Archana Puri2 pages

TA-112-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.215 TA-112-2025 Date of Decision: 21.05.2025 SHWETA MEHRA ....Applicant

Versus

RISHAB KUMAR .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Dr. Amandeep Singh Punia, Advocate for Mr. Komal Jindal, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 09.04.2025, 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 counsel for the applicant 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/2138/2024, titled 'Rishab Kumar Vs. Shweta Mehra', filed by the respondent-husband, pending in the Family Court, Amritsar and she seeks transfer of the same to the Court of competent jurisdiction at SAS Nagar. It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 29.08.2018. One son born from the said wedlock, is in the care and custody of the applicant. Also, it is submitted that the applicant is not having any source of earning. In the Sonu 2025.05.21 15:08 I agree to specified portions of this document P&HHC

TA-112-2025 given circumstances, it is submitted that it is difficult for the applicant, to commute a distance of about 220 kilometres, to defend the divorce petition. In view of the submissions aforesaid and considering the fact of the applicant taking care of her minor son, more particularly when she is not having any source of earning and also considering the fact about the respondent having not come forward to resist the application, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/2138/2024, titled 'Rishab Kumar Vs. Shweta Mehra', filed by the respondent-husband, stands transferred from the Family Court, Amritsar, to the Court of competent jurisdiction at SAS Nagar.

The requisite record of the aforesaid case be sent by the Family Court, Amritsar, to the District and Sessions Judge, SAS Nagar. Learned District and Sessions Judge, SAS Nagar, shall assign the said petition to the Family Court, SAS Nagar. Even, the parties are directed to appear before the Family Court, SAS Nagar, within a period of one month from today onwards.

(ARCHANA PURI) 21.05.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.05.21 15:08 I agree to specified portions of this document P&HHC