Pooja v. Aslam

TA-469-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.203 TA-469-2025 Date of Decision: 25.09.2025 POOJA ....Applicant

Versus

ASLAM .....Respondent

CORAM:

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

Respondent proceeded against ex parte vide order dated 26.08.2025.

***** ARCHANA PURI, J. (Oral) The applicant-wife has filed the present application for seeking transfer of the petition under Section 2 (VIII)(a) of the Dissolution of Muslim Marriages Act i.e. DMC/615/2024, titled 'Aslam Vs. Pooja', 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 Charkhi Dadri.

Upon notice issued, the respondent did not make appearance, despite service and as such, was proceeded against ex parte. Counsel for the applicant heard.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 05.03.2023, but no child was born from the said wedlock. On account of the matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning. She has filed the petition under Section 144 of the Bharatiya Sonu 2025.09.26 16:17 I am the author of this document Chandigarh

TA-469-2025 Nagarik Suraksha Sanhita, 2023 i.e. MNT/100/2024, as well as the petition under the Protection of Women from Domestic Violence Act i.e. COMA/127/2024, which are pending in the Courts at Charkhi Dadri and the respondent is making appearance in the same. The distance between the two places is stated to be more than 60 kilometres. Considering the aforesaid mitigating circumstances and more particularly, considering the fact about the respondent having not come forward to resist the application, the transfer application is allowed and the petition under Section 2 (VIII)(a) of the Dissolution of Muslim Marriages Act i.e. DMC/615/2024, filed by the respondent-husband, stands transferred from the Family Court, Rohtak, to the Court of competent jurisdiction at Charkhi Dadri.

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

(ARCHANA PURI) 25.09.2025 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.09.26 16:17 I am the author of this document Chandigarh