Sonia v. Pardeep Kumar
TA-620-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Sr. No.214 TA-620-2024 Date of Decision: 08.05.2025 SONIA ....Applicant
Versus
PARDEEP KUMAR .....Respondent
CORAM:
HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Ravi Kumar, Advocate for the applicant.
None for the respondent.
***** ARCHANA PURI, J. (Oral) As observed in the order dated 11.12.2024, respondent did not make appearance on that date, despite service. Today also, none has made appearance on his behalf. As such, respondent is proceeded against ex parte. 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/244/2024 titled "Pardeep Kumar v/s Sonia", filed by the respondent/husband, which is pending in the courts at Panipat and she seeks transfer of the same to the court of competent jurisdiction at Ambala. It is submitted by the counsel for the applicant that the marriage between the parties was solemnized on 03.12.2014 and two children were born from the said wedlock. The elder son born on 20.01.2018 is in the care and custody of the respondent, whereas the younger son, born on 09.07.2021, is in the care and custody of the applicant. On account of matrimonial dispute, the parties are residing separate. The applicant has got Sonu 2025.05.09 14:47 I attest to the accuracy and authenticity of this document
TA-620-2024 lodged FIR No.25 dated 02.07.2024 under Sections 323, 406, 498-a, 506 IPC, against the respondent, who is facing trial in the courts at Ambala. Even, the applicant had filed petition under Section 125 Cr.P.C. as well as compliant under Sections 12, 18, 19, 20 and 22 of Protection of Women from Domestic Violence Act, which are pending in the courts at Ambala. Both the said cases are at appearance stage. The applicant is not having any source of earning and is dependant upon her parental family. In the given circumstances, while taking care of the younger child, it is difficult for her to defend the divorce petition at Panipat.
Considering the aforesaid and also taking into consideration the preference generally given by the courts to the convenience of the wife, more particularly, when the respondent has not come forward to resist the application and also the three other cases arising from this matrimonial dispute, already pending in the courts at Ambala and the applicant is taking care of the younger son, the transfer application, as such, is hereby allowed and the petition under Section 13 of the Hindu Marriage Act i.e. DMC/244/2024 titled "Pardeep Kumar v/s Sonia", filed by the respondent/husband, stands transferred from the Family Court, Panipat to the Family Court, Ambala. The requisite record of the aforesaid case be sent by the Family Court, Panipat to the District and Sessions Judge, Ambala. Learned District and Sessions Judge, Ambala, shall assign the said petition to the Family Court, Ambala. Even, the parties are directed to appear before the Family Court, Ambala, within a period of one month from today onwards.
(ARCHANA PURI) 08.05.2025 JUDGE Sonu Whether speaking/reasoned :
Yes Whether reportable :
Yes/No Sonu 2025.05.09 14:47 I attest to the accuracy and authenticity of this document