Savita v. Vikki

TA-530-2025 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.218 TA-530-2025 (O&M) Date of Decision: 10.09.2025 SAVITA ....Applicant

Versus

VIKKI .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Sunil Goswami, Advocate for the applicant.(Through video conferencing). None for the respondent.

***** ARCHANA PURI, J. (Oral) Perusal of the paperbook reveals that on the last date of hearing, despite service, the respondent did not make 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 (1) (ia) of the Hindu Marriage Act i.e. DMC/900-2024, titled 'Vikki v/s Savita', filed by the respondenthusband, pending in the Family Court, Sonepat and she seeks transfer of the same to the Court of competent jurisdiction at Jind. 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 04.07.2010 and three children born from the said wedlock, are in the care and custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. Also, it is pointed out by the counsel for the Sonu 2025.09.12 08:51 I agree to specified portions of this document P&HHC

TA-530-2025 (O&M) applicant that one of the son is having intellectual disability of 90%, copy of the intellectual disability is Annexure P-3. Furthermore, it is submitted that the applicant is not having any source of earning and she had filed petition under Section 144 of BNSS, which is pending in the courts at Jind. The same is stated to be at the appearance stage only. In the given circumstances, it is submitted that the applicant is not having any source of earning. As such, it is submitted that it is difficult for her to raise three children, more particularly, the special child and also pursue the divorce petition. The distance between the two places is stated to be 90 kms.

In view of the aforesaid mitigating circumstances, more particularly, when the respondent has not come forward to resist the transfer application as well as taking into consideration the fact of the children to be in the care and custody of the applicant, who herself is not having any source of earning, the transfer application is allowed and the petition under Section 13 (1) (ia) of the Hindu Marriage Act i.e. DMC/900-2024, titled 'Vikki v/s Savita', filed by the respondent-husband, stands transferred from the Family Court, Sonepat to the Court of competent jurisdiction at Jind. The requisite record of the aforesaid case be sent by the Family Court, Sonepat to the District and Sessions Judge, Jind.

Learned District and Sessions Judge, Jind, shall assign the said petition to the Family Court, Jind. Even, the parties are directed to appear before the Family Court, Jind, within a period of one month from today onwards.

(ARCHANA PURI) 10.09.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.09.12 08:51 I agree to specified portions of this document P&HHC