Reena v. Tejpal

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.236 Date of Decision: 29.08.2025 REENA ....Applicant

Versus

TEJPAL .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. N.K. Khepar, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 21.08.2025, 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.

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/182/2024, titled 'Tejpal Vs. Reena', filed by the respondent-husband, pending in the Family Court, Palwal 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 21.04.2022, but no child was born from the said wedlock. However, on account of the matrimonial dispute, the parties are residing separate. 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. i.e. MNT/117/2023, which is pending in the Courts at Faridabad and the respondent is making appearance in the same. Even petition under Section 12 of the Protection of Women from Domestic Violence Act i.e.

COMA/120/2023, filed by the applicant, is pending in the Courts at Faridabad, wherein, though, the parents of the respondent are making appearance, but however, the respondent was not making appearance and as such, had been proceeded against ex parte. Besides the aforesaid, the respondent is facing trial in the Courts at Faridabad, relating to FIR bearing No.54 of 2023, under Sections 34, 323, 406, 498-A and 506 IPC, got lodged by the applicant at Women Police Station Ballabhgarh, District Faridabad. The distance between the two places is stated to be about 45 kilometres.

Keeping in view the aforesaid mitigating circumstances, more particularly, the fact of three cases already pending in the Courts at Faridabad and the respondent already making appearance in the criminal case and also considering the fact of 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/182/2024, titled 'Tejpal Vs. Reena', filed by the respondent-husband, stands transferred from the Family Court, Palwal, to the Court of competent jurisdiction at

Faridabad. The requisite record of the aforesaid case be sent by the Family Court, Palwal, 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) 29.08.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No