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High Court of Punjab and HaryanaTA/127/2026allowed

Manju Bala v. Rakesh Kumar

2026-04-10Mrs. Justice Archana Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.111 Date of Decision: 10.04.2026 MANJU BALA ....Applicant

Versus

RAKESH KUMAR .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Ram Darshan Yadav, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 30.03.2026, 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.

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/735/2025, titled 'Rakesh Kumar Vs. Manju Bala', filed by the respondent-husband, pending in the Family Court, Gurugram and she seeks transfer of the same to the Court of competent jurisdiction at Rewari.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 08.05.2009. However, matrimonial dispute arose between the parties, as a result whereof, they are residing separate. One daughter born from the said wedlock, who is about 7 years old, is in the care and custody of the applicant. She is studying in the school at Kosli, District Rewari. The applicant is not having any source of earning and as such, is dependent upon her parental family. Even, she has filed the petition under Section 125 Cr.P.C., as well as the petition under the Protection of Women from Domestic Violence Act and both the said cases are pending in the Courts at Rewari. The respondent is making appearance in both the petitions.

In view of the aforesaid fact situation, more particularly, taking into consideration the fact of the applicant doing parenting singularly, while taking care of the growing daughter, born from the estranged marriage, while she herself is not having any source of earning; fact of two other cases, arising from this matrimonial dispute, to be already pending in the Courts at Rewari, which are being pursued by the respondent and above it, 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/735/2025, titled 'Rakesh Kumar Vs. Manju Bala', filed by the respondent-husband, stands transferred from the Family Court, Gurugram, to the Court of competent jurisdiction at Rewari. The requisite record of the aforesaid case be sent by the Family Court, Gurugram, to the District and Sessions Judge, Rewari.

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

(ARCHANA PURI) 10.04.2026 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No