Shweta Sharma v. Vinay Sharma

TA-356-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.238 TA-356-2025 Date of Decision: 29.08.2025 SHWETA SHARMA ....Applicant

Versus

VINAY SHARMA .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 27.05.2025, 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. DMC/802/2024, titled 'Vinay Sharma Vs. Shweta Sharma', filed by the respondent-husband, pending in the Family Court, Sonepat and she seeks transfer of the same to the Court of competent jurisdiction at Bhiwani. It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 04.02.2013. Two children born from the said wedlock, who are in the age group of 9-11 years, are in the care and custody of the applicant. On account of the matrimonial Sonu 2025.08.29 16:58 I agree to specified portions of this document P&HHC

TA-356-2025 dispute, the parties are residing separate. The applicant is not having any source of earning. Even, she has filed the petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 i.e. MNT-125/342/2024, which is pending in the Courts at Bhiwani. Even, she has filed the petition under the Protection of Women from Domestic Violence Act i.e. COMA/343/2024, in the Courts at Bhiwani. Besides the same, it is submitted that on the basis of the complaint dated 29.10.2024, filed by the applicant before Superintendent of Police, Bhiwani, FIR has since been registered. The distance between the two places is stated to be 113 kilometres, which is difficult to commute, more particularly, when the applicant is taking care of the minor children.

In view of the aforesaid mitigating circumstances and also considering the fact of 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. DMC/802/2024, titled 'Vinay Sharma Vs. Shweta Sharma', filed by the respondent-husband, stands transferred from the Family Court Sonepat, to the Court of competent jurisdiction at Bhiwani. The requisite record of the aforesaid case be sent by the Family Court, Sonepat, to the District and Sessions Judge, Bhiwani. Learned District and Sessions Judge, Bhiwani, shall assign the said petition to the Family Court, Bhiwani. Even, the parties are directed to appear before the Family Court, Bhiwani, within a period of one month from today onwards.

(ARCHANA PURI) 29.08.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.08.29 16:58 I agree to specified portions of this document P&HHC