Khushi v. Harsh Kumar

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.212 TA-281-2025 Date of Decision: 28.07.2025 KHUSHI ....Applicant

Versus

HARSH KUMAR .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms.Rahish Pahwa, Advocate for the applicant.

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. Counsel for the applicant heard.

The applicant-wife has filed the present application for seeking transfer of the petition under Section 13(i) A and 13 (i) (b) of the Hindu Marriage Act i.e. HMA/5031/2023, titled 'Harsh Kumar v/s Khushi', filed by the respondent-husband, pending in the Family Court, Pathankot and she seeks transfer of the same to the Court of competent jurisdiction at Amritsar. It is submitted by the counsel for the applicant that the marriage between the parties was solemnized on 27.06.2023, but no child was born from the said wedlock. Unfortunately, on account of matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning and is dependent upon her parental family. Further, it is submitted Sonu 2025.07.29 16:43 I agree to specified portions of this document P&HHC

that after filing of the transfer application, the applicant has filed petition under Section 9 of Hindu Marriage Act, which is pending in the courts at Amritsar.

Considering the aforesaid mitigating circumstances and taking into consideration the fact another petition is already pending in the courts at Amritsar as well as the fact of the respondent not coming forward to resist the claim for transfer, the present application is hereby allowed and the petition under Section 13(i) A and 13 (i) (b) of the Hindu Marriage Act i.e. HMA/5031/2023, titled 'Harsh Kumar v/s Khushi', filed by the respondenthusband, stands transferred from the Family Court, Pathankot, to the Court of competent jurisdiction at Amritsar. The requisite record of the aforesaid case be sent by the Family Court, Pathankot, to the District and Sessions Judge, Amritsar.

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

(ARCHANA PURI) 28.07.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.07.29 16:43 I agree to specified portions of this document P&HHC