Jeena v. Sukanshu Mahajan

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.111 Date of Decision: 12.09.2025 JEENA ....Applicant

Versus

SUKANSHU MAHAJAN .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. H.S. Sehgal, Advocate for the applicant (through video conferencing).

Respondent proceeded against ex parte vide order dated 25.08.2025.

***** ARCHANA PURI, J. (Oral) The applicant-wife has filed the present application for seeking transfer of the petition under Section 9 of the Hindu Marriage Act i.e. HMA/12533/2024, titled 'Sukanshu Mahajan Vs. Jeena', filed by the respondent-husband, pending in the Family Court, Ludhiana and she seeks transfer of the same to the Court of competent jurisdiction at Sri Muktsar Sahib.

In pursuance of notice issued, the respondent did not make appearance, despite service and as such, was proceeded against ex parte. Counsel for the applicant heard.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 30.04.2021, but no child was born from the said wedlock. However, on account of the matrimonial dispute, the parties are residing separate. The applicant had already filed the petition under Section 13 of the Hindu Marriage Act i.e. HMA/67/2024, as well as the petition under Section 12 of the Protection of Women from Domestic Violence Act i.e. COMA/14/2024, which are pending in the Courts at Sri Muktsar Sahib and in both the cases, respondent did not make appearance and as such, has been proceeded against ex parte. Furthermore, it is submitted that the applicant is working as 'Teacher' at Aakash Institute, Bathinda. However, since she is involved in teaching students for competitive examination, her job is very demanding. In the given circumstances, it is submitted that it is difficult for the applicant, to commute a distance of about 160, to defend the petition under Section 9 of the Hindu Marriage Act.

Considering the mitigating circumstances aforesaid and also considering the fact of the respondent, having not come forward to resist the application, more particularly, when he had also not come forward to pursue two cases arising from this matrimonial dispute, at Sri Muktsar Sahib, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/12533/2024, titled 'Sukanshu Mahajan Vs. Jeena', filed by the respondent-husband, stands transferred from the Family Court, Ludhiana, to the Court of competent jurisdiction at Sri Muktsar Sahib. The requisite record of the aforesaid case be sent by the Family Court, Ludhiana, to the District and Sessions Judge, Sri Muktsar Sahib.

Learned District and Sessions Judge, Sri Muktsar Sahib, shall assign the said petition to the Family Court, Sri Muktsar Sahib. Even, the parties are directed to appear before the Family Court, Sri Muktsar Sahib, within a period of one month from today onwards. (ARCHANA PURI) 12.09.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No