Chetna v. Vinod

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH TA-171-2024(O&M) Date of Decision: April 30, 2025 Chetna ...Applicant

Versus

Vinod

...Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI

Present:

Mr.M.S.Dalal, Advocate for Mr.J.K.Singla, Advocate for the applicant.

None for the respondent.

**** ARCHANA PURI, J.

As observed in the previous orders, none had appeared on behalf of the respondent, despite service. Even today, none has made appearance on his behalf. 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 9 of the Hindu Marriage Act, filed by respondent-husband bearing No.HMA-587-2023, titled 'Vinod vs. Chetna', which is pending in the Family Court, Jind and she seeks transfer of the same to the Court of competent jurisdiction at Family Court (Camp Court)

TA-171-2024 -2Phul, District Bathinda.

It is submitted by learned counsel for the applicant that marriage between the parties to the lis, had taken place on 15.03.2020 and one son was born from the said wedlock, who is about 5 years old is in the care and custody of the applicant. The applicant is not having any source of earning and she is dependent upon her parental family. She has also filed petitions under Section 125 Cr.P.C., Section 13 of the Hindu Marriage Act and Section 12 of the Protection of Women from Domestic Violence Act, which are pending in the Courts at Phul.

In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 185 kms. to defend the petition. In view of the submissions aforesaid and also considering the preference generally given by the Courts to the convenience of wife in the transfer applications, relating to the matrimonial disputes, more particularly, when the respondent has not come forward to resist the application; considering the fact about the applicant not having any source of earning, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act, filed by respondent-husband bearing No.HMA-5872023, titled 'Vinod vs. Chetna', stands transferred from the Family Court, Jind, to the Court of competent jurisdiction at Family Court (Camp Court) Phul. The requisite record of the aforesaid case be sent by the Family Court, Jind, to the District and Sessions Judge, Bathinda. Learned District and Sessions Judge, Bathinda, shall assign the said petition to the Family Court (Camp Court) Phul. Even, the parties are

TA-171-2024 -3directed to appear before the Family Court (Camp Court) Phul, within a period of one month from today onwards.

April 30, 2025 (ARCHANA PURI) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No