Priya Kaushik Alias Priya v. Deepak Sharma

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.125 Date of Decision: 27.08.2025 PRIYA KAUSHIK ALIAS PRIYA ....Applicant

Versus

DEEPAK SHARMA .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 04.08.2025, 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.

C M-15012-CII-2025 The present application has been filed for placing on record certain documents, as Annexures P-5 to P-7.

In view of the averments made in the application, same is allowed and the requisite documents are taken on record. Main case Counsel for the applicant heard.

The applicant-wife has filed the present application for seeking transfer of the petition under Section 10 of the Hindu Marriage Act i.e. DMC/578/2024, titled 'Deepak Sharma Vs. Priya', filed by the respondent-

husband, pending in the Family Court, Bhiwani and she seeks transfer of the same to the Court of competent jurisdiction at Faridabad. It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 18.04.2024. After marriage, the parties resided together, as husband and wife, at Delhi. The applicant is employed at Government Girls Senior Secondary School, Harkesh Nagar, Okhla, New Delhi. Even, the respondent is employed as PGT teacher, at Government Sarvodaya (Co-ed) Vidyalaya, B-4, Paschim Vihar, Tilak Raj Anand Marg, Block BG-2, New Delhi. Further, it is submitted that on account of the matrimonial dispute, the parties are residing separate. The respondent is facing trial in the Courts at Faridabad, relating to FIR bearing No.144 dated 28.11.2024, under Sections 323, 354-A, 406, 498-A, 506 and 34 IPC, got lodged by the applicant at Women Police Station, Ballabgarh.

Also, the counsel submits that with the malafide intention, the petition under Section 10 of the Hindu Marriage Act, has been filed at Bhiwani, which is parental place of the respondent, though, they had lastly resided together at Delhi. It is submitted that the distance between Bhiwani and Faridabad, where the applicant is residing, is about 200 kilometres. In the given circumstances, it is submitted that it is difficult for the applicant, to commute such a distance, to defend the litigation aforesaid. Considering the submissions aforesaid, more particularly, considering the distance between the two places, where the petition is pending and where it is sought to be transferred, taking into consideration the fact of respondent facing criminal trial in the Courts at Faridabad and also considering the fact about the respondent having not come forward to

resist the application, the transfer application is allowed and the petition under Section 10 of the Hindu Marriage Act i.e. DMC/578/2024, titled 'Deepak Sharma Vs. Priya', filed by the respondent-husband, stands transferred from the Family Court, Bhiwani, to the Court of competent jurisdiction at Faridabad. The requisite record of the aforesaid case be sent by the Family Court, Bhiwani, to the District and Sessions Judge, Faridabad. Learned District and Sessions Judge, Faridabad, shall assign the said petition to the Family Court, Faridabad. Even, the parties are directed to appear before the Family Court, Faridabad, within a period of one month from today onwards.

(ARCHANA PURI) 27.08.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No