Reena Singla v. Pankaj Kumar Bansal

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.223 Date of Decision: 11.02.2025 REENA SINGLA ....Applicant

Versus

PANKAJ KUMAR BANSAL .....Respondent

CORAM:

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

Mr. Hitesh Verma, Advocate for the respondent.

***** ARCHANA PURI, J. (Oral) The applicant/wife has filed the present application for seeking transfer of the divorce petition i.e. DMC/822/2023 titled "Pankaj Kumar Bansal v/s Reena Bansal", filed by the respondent/husband, which is pending in the courts at Bhiwani and she seeks transfer of the same to the court of competent jurisdiction at SAS Nagar, Mohali. Even though, the respondent had made appearance through

 counsel, but the reply was not filed. Rather, counsel making appearance on behalf of the respondent submits that he has no objection, if the transfer application is allowed.

Heard.

It is submitted by the counsel for the applicant that the marriage between the parties had solemnized on 25.05.2013 and one daughter aged about 10-11 years born from the said wedlock is in the care and custody of the applicant. It is also submitted by the counsel for the applicant that petition under Section 125 Cr.P.C. as well as petition under Section 12 of Domestic Violence Act, filed at the instance of the applicant/wife, are already pending in the courts at SAS Nagar, Mohali. Besides the same, it has been brought to the notice of the court by the counsel for the respondent that petition under the Guardians and Wards Act i.e. GW/39/2024, filed at the instance of the respondent, is already pending in the courts at Mohali.

Considering the aforesaid scenario, more particularly, the statement made by the counsel for the respondent and also considering the fact of the applicant taking care of the minor child and also looking at the distance of about 300 kms, from Bhiwani to Mohali, the present application stands allowed and the petition under Section 13 of the Hindu Marriage Act i.e. DMC/822/2023, titled "Pankaj Kumar Bansal v/s Reena Bansal", filed by the respondent/husband, stands transferred from the Family Court, Bhiwani, to the Court of competent jurisdiction at SAS Nagar, Mohali. The requisite record of the aforesaid case be sent by the Family Court, Bhiwani, to the District and Sessions Judge, SAS Nagar, Mohali.

 Learned District and Sessions Judge, SAS Nagar, Mohali, shall assign the said petition to the Family Court, SAS Nagar, Mohali and the Family Court preferably, if possible, shall adjourn both the cases i.e. divorce petition as well as Guardianship Petition, for the same date, while taking into consideration the convenience of the respondent also, who has to travel a distance of about 300 kms, to pursue the said litigation. Even, the parties are directed to appear before the Family Court, SAS Nagar, Mohali, within a period of one month from today onwards.

(ARCHANA PURI) 11.02.2025 JUDGE  Whether speaking/reasoned :

Yes Whether reportable :

Yes/No