Sanju v. Neeraj

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.214 Date of Decision: 11.08.2025 SANJU ....Applicant

Versus

NEERAJ .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) CM-6513-CII-2025 Keeping in view the averments made in the application, same is allowed.

Main case As per the observations made in the order dated 15.05.2025, 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/781/2024, titled 'Neeraj Vs. Sanju', filed by the respondent-husband, pending in the Family Court, Rohtak and she seeks transfer of the same to the Court of competent jurisdiction at Jhajjar. It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 27.04.2022. One son born from the said wedlock, is in the care and custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning.

Even, she had filed the petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as well as the petition under the Protection of Women from Domestic Violence Act, which are pending in the Courts at Jhajjar and the respondent is making appearance in the same. Even, FIR bearing No.12 dated 14.02.2025, under Sections 115, 127(2), 3(5), 316(2), 351(3) and 85 of the Bharatiya Nyaya Sanhita, 2023, has been got registered by the applicant, at Women Police Station, Jhajjar. The distance between the two places is about 50 kilometres.

Considering the aforesaid mitigating circumstances and also taking into consideration the fact of the respondent pursuing two cases in the Courts at Jhajjar and above all, the fact of his 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/781/2024, titled 'Neeraj Vs. Sanju', filed by the respondent-husband, stands transferred from the Family Court, Rohtak, to the Court of competent jurisdiction at Jhajjar.

The requisite record of the aforesaid case be sent by the Family Court, Rohtak, to the District and Sessions Judge, Jhajjar. Learned District and Sessions Judge, Jhajjar, shall assign the said petition to the Family Court, Jhajjar. Even, the parties are directed to appear before the Family Court, Jhajjar, within a period of one month from today onwards.

(ARCHANA PURI) 11.08.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No