Annu v. Amit

TA-136-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.225 TA-136-2025 Date of Decision: 13.08.2025 ANNU ....Applicant

Versus

AMIT .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Neeraj Kumar, Advocate for the applicant (Through video conferencing). None for the respondent.

***** ARCHANA PURI, J. (Oral) Perusal of the paperbook reveals that on the last date of hearing, despite service, the respondent did not make appearance. 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. DMC/916/2024 titled 'Amit v/s Annu', filed by the respondent-husband, pending in the Family Court, Sonipat and she seeks transfer of the same to the Court of competent jurisdiction at Rohtak. At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties, had taken place on 13.03.2019, and one daughter born from the said wedlock, aged about 5 years, is in the care and custody of the applicant. The applicant is stated to Sonu 2025.08.13 15:05 I agree to specified portions of this document P&HHC

TA-136-2025 be a housewife and she has filed petition for seeking maintenance, which is already pending in the courts at Rohtak. It is further submitted by the counsel that the respondent is working at PGI, Rohtak and he commutes daily from Sonipat to Rohtak, to pursue his job. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 70 kms, to defend the petition under Section 13 of Hindu Marriage Act, pending at Sonipat.

In view of the aforesaid mitigating circumstances, more particularly, considering the child born from the wedlock of the parties, residing with the applicant and the fact of the respondent having not come forward to resist the transfer application and is himself working at PGI, Rohtak, the transfer application is hereby allowed and the petition under Section 13 of the Hindu Marriage Act i.e. DMC/916/2024 titled 'Amit v/s Annu', filed by the respondent-husband, stands transferred from the Family Court, Sonipat to the Court of competent jurisdiction at Rohtak. The requisite record of the aforesaid case be sent by the Family Court, Sonipat, to the District and Sessions Judge, Rohtak.

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

(ARCHANA PURI) 13.08.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.08.13 15:05 I agree to specified portions of this document P&HHC