Bindu Goyal v. Rohit Goyal
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Sr. No.235 Date of Decision: 27.03.2025 BINDU GOYAL ....Applicant
Versus
ROHIT GOYAL .....Respondent
CORAM:
HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Ravish Bansal, Advocate for the applicant.
None for the respondent.
***** ARCHANA PURI, J. (Oral) Perusal of the paperbook reveals that on 06.08.2024, the respondent had appeared in person. Thereafter, despite the case having adjourned 4-5 times, respondent had not made appearance. Even today, he has not made appearance. As such, the respondent is proceeded against ex parte.
The 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. HMA/149/2024, titled 'Rohit Goyal Vs. Bindu Goyal', filed by the respondent-husband, pending in the Family Court, Panchkula and she seeks transfer of the same to the Court of competent jurisdiction at Bagha Purana, District Moga.
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
09.05.2022. One son was born from the said wedlock on 06.04.2003, who is presently living with the applicant. Also, it is submitted that in the application, it is mentioned that the son of the applicant, was doing B.Tech., at the time of filing of the application, but however, now he has completed the same. Though, he is presently living with the applicant, but he shall be going away for his higher studies.
Furthermore, it is submitted that on account of the matrimonial discord, the parties are residing separate. The applicant is residing at Bagha Purana and is running her own private dental clinic, since the year 2018. However, the respondent is though working in Sri Ganga Nagar (Rajasthan), but he has filed the divorce petition in the Courts at Panchkula, where his parents are residing. On account of the job constraints, it is submitted that it is difficult for the applicant, to defend the divorce petition. As such, a prayer has been made for acceptance of the transfer application. In view of the submissions aforesaid, it is pertinent to mention that the respondent has not come forward to resist the application. Even, the distance between Panchkula and Bagha Purana is about 210 kilometres.
The applicant is running her own private dental clinic. Though, the respondent is residing at Sri Ganga Nagar (Rajasthan), but he has filed the divorce petition at Panchkula, whereas, Bagha Purana, falls on the way. In view of the aforesaid fact situation, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/149/2024, titled 'Rohit Goyal Vs. Bindu Goyal', filed by the respondent-husband, stands transferred from the Family Court, Panchkula, to the Court of competent jurisdiction at Bagha Purana, District Moga.
Panchkula, to the District and Sessions Judge, Moga. Learned District and Sessions Judge, Moga, shall assign the said petition to the Family Court (Camp Court) Bagha Purana. Even, the parties are directed to appear before the Family Court (Camp Court) Bagha Purana, within a period of one month from today onwards. Pending civil miscellaneous application also stands disposed of. (ARCHANA PURI) 27.03.2025 JUDGE Himanshu Whether speaking/reasoned :
Yes Whether reportable :
Yes/No