Ritu v. Vijay Kumar

TA-133-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.208 TA-133-2025 Date of Decision: 28.08.2025 RITU ....Applicant

Versus

VIJAY KUMAR .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) Perusal of the paperbook reveals that on the last date of hearing, the respondent did not make appearance. Prior to the last date also, none had made appearance on his behalf, despite service. 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 9 of the Hindu Marriage Act i.e. DMC/420/2024, titled 'Vijay Kumar v/s Ritu', filed by the respondenthusband, pending in the Family Court, Hisar and she seeks transfer of the same to the Court of competent jurisdiction at Panipat. At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties, had taken place on 24.12.2021, but no child was born from the said wedlock. On account of the matrimonial dispute, the parties are residing separate. The applicant is not Sonu 2025.08.29 15:49 I agree to specified portions of this document P&HHC

TA-133-2025 having any source of earning and is dependant upon her parental family. The applicant has filed maintenance petition, which is pending in the courts at Panipat and the respondent is already making appearance in the same. Besides the same, he is also facing trial in the case, bearing FIR No.87 dated 08.04.2024 under Sections 323, 406, 498, 506, 34 IPC, in the courts at Panipat. The distance between the two places is stated to be 160 kms. In view of the aforesaid mitigating circumstances, more particularly, when the respondent having not come forward to resist the transfer application, the same is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. DMC/420/2024, titled 'Vijay Kumar v/s Ritu', filed by the respondent-husband, stands transferred from the Family Court, Hisar, to the Court of competent jurisdiction at Panipat. The requisite record of the aforesaid case be sent by the Family Court, Hisar, to the District and Sessions Judge, Panipat.

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

(ARCHANA PURI) 28.08.2025 JUDGE Sonu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Sonu 2025.08.29 15:49 I agree to specified portions of this document P&HHC