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High Court of Punjab and HaryanaTA/364/2025allowed

Reenu Bala And Another v. Jagtar Singh

2025-08-26Mrs. Justice Archana Puri2 pages

TA-364-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.126 TA-364-2025 Date of Decision: 26.08.2025 REENU BALA AND ANOTHER ....Applicants

Versus

JAGTAR SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Akhil Dadwal, Advocate for the applicants.

Respondent ex parte, vide order dated 19.08.2025. ***** 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/89/2025, titled 'Jagtar Singh v/s Renu Bala,' filed by the respondenthusband, pending in the Family Court, Barnala and she seeks transfer of the same to the Family Court (Camp Court) Mukerian, Hoshiarpur. In pursuance of notice issued, the respondent did not made appearance and was proceeded against ex parte. Counsel for the applicant heard.

At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties, had taken place on 02.04.2021 and one daughter born from the said wedlock, who is about 3 years old, is in the care and custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. Also, it is submitted that though the applicant is qualified, but she is unemployed, at present. She Sonu 2025.08.27 10:22 I agree to specified portions of this document P&HHC

TA-364-2025 has filed petition under Section 144 of Bharatiya Nagarik Surkasha Sanhita, which is already pending in the courts at Mukerian, District Hoshiarpur. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 217 kms, to defend the petition under Section 9 of Hindu Marriage Act.

In view of the mitigating circumstances aforesaid, more particularly, when the respondent has not come forward to resist the application as well as applicant is taking care of the minor daughter, who herself is having no source of earning, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/89/2025, titled 'Jagtar Singh v/s Renu Bala,' filed by the respondent-husband, stands transferred from the Family Court, Barnala to Family Court (Camp Court) Mukerian, Hoshiarpur. The requisite record of the aforesaid case be sent by the Family Court, Barnala to the District and Sessions Judge, Hoshiarpur. Learned District and Sessions Judge, Hoshiarpur shall assign the said petition to the Family Court (Camp Court) Mukerian. Even, the parties are directed to appear before the Family Court (Camp Court) Mukerian, within a period of one month from today onwards. (ARCHANA PURI) 26.08.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.08.27 10:22 I agree to specified portions of this document P&HHC