Yogita v. Arun Kumar

TA-495-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.253 TA-495-2025 Date of Decision: 07.08.2025 YOGITA ....Applicant

Versus

ARUN KUMAR .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. S.K.Tripathi, Advocate for the applicant.

Respondent ex parte, vide order dated 04.08.2025. ***** ARCHANA PURI, J. (Oral) The applicant-wife has filed the present application for seeking transfer of the petition under Section 13 (a) (i-a) of the Hindu Marriage Act, titled 'Arun Kumar v/s Yogita, 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.

Upon notice, the respondent did not made appearance, despite service 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 to the lis, had taken place on 13.03.2015 and two children born from the said wedlock, who are in the age group of 6-8 years, are 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 and is dependant upon her parental family. Sonu 2025.08.08 18:51 I agree to specified portions of this document P&HHC

TA-495-2025 The applicant has filed petition under Section 125 Cr.P.C., which is pending in the courts at Jhajjar and the respondent is pursuing the said petition. Considering the mitigating circumstances aforesaid, more particularly, taking into consideration the fact of the respondent having not come forward to resist the transfer application, the same is allowed and the petition under Section 13 (a) (i-a) of the Hindu Marriage Act, titled 'Arun Kumar v/s Yogita, filed by the respondent-husband, stands transferred from the Family Court, Rohtak to the Court of competent jurisdiction at Family Court, 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) 07.08.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.08.08 18:51 I agree to specified portions of this document P&HHC