← Library
High Court of Punjab and HaryanaTA/536/2025dismissed

Neha Ahuja v. Vikram Partap Dhir

2025-11-14Mrs. Justice Archana Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.240 Date of Decision: 14.11.2025 NEHA AHUJA ....Applicant

Versus

VIKRAM PARTAP DHIR .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Sunder Kumari, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 28.08.2025, despite service, the respondent did not make appearance on that date. Even today, he has not made appearance. As such, the respondent is proceeded against ex parte.

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/144/2022, titled 'Vikram Pratap Dhir Vs. Neha Ahuja', filed by the respondent-husband, pending in the Family Court, Faridabad and she seeks transfer of the same to the Court of competent jurisdiction at Gurugram.

At the very outset, it is submitted by the counsel for the applicant that on account of the matrimonial dispute, the parties are residing separate. However, the applicant is herself working as a bank Manager at Gurugram and on this account, the counsel submits that the applicant is staying all alone in Gurugram. On account of her job exigencies, it is difficult for the applicant, to defend the divorce petition, which is pending in the Courts at Faridabad. Her parents are residing at Prayagraj. Also, it is submitted that the applicant has filed the petition under Section 125 Cr.P.C., which is already pending in the Courts at Gurugram. The distance between the two places is stated to be about 50 kms.

In view of the submissions aforesaid, it is pertinent to mention that though, the Courts generally give preference to the wife, while adjudicating on the transfer application relating to the matrimonial dispute, but however, the same is not a thumb rule. Various other circumstances, spelt out from the material brought on record, ought to be taken into consideration. In the case in hand, the marriage between the parties had taken place, in the year 2018, but no child was born from the said wedlock. In paragraph No.13 of the application, it is mentioned that the applicant is working as a bank Manager in Gurugram, though, no further particulars have been dilated. Suffice to consider the aforesaid assertions, which in itself reflect that the applicant is a well-educated and professional woman. The distance between the two places is only 50 kms. Also, it is asserted that the applicant is staying alone at Gurugram.

Considering the aforesaid circumstances, the applicant is a well-educated and professional lady. Seemingly, she is a confident woman,

who is living alone to eke out her livelihood. Considering such status of the applicant, no case is made out to accept the application, even though, the respondent has not come forward to resist the same. Hence, the transfer application is hereby dismissed. (ARCHANA PURI) 14.11.2025 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No