Anchal v. Lucky

TA-538-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.255 TA-538-2025 Date of Decision: 21.08.2025 ANCHAL ....Applicant

Versus

LUCKY .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 16.07.2025, 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 9 of the Hindu Marriage Act, titled 'Lucky Vs. Anchal' (Annexure P-3), filed by the respondent-husband, pending in the Family Court (Camp Court) Kalka, District Panchkula and she seeks transfer of the same to the Court of competent jurisdiction at Ferozepur.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 17.11.2015. Two children were born from the said wedlock, one daughter and one son, who are in the Sonu 2025.08.22 09:58 I agree to specified portions of this document P&HHC

TA-538-2025 age group of 8-9 years. They are in the care and custody of the applicant. The applicant is not having any source of earning and as such, is totally dependent upon her parental family. Even, she has filed the petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as well as the divorce petition, which are pending in the Courts at Ferozepur. Both the said cases are still at the summoning stage. The distance between the two places is stated to be about 260 kilometres.

In view of the mitigating circumstances, as pointed out aforesaid, more particularly, when the applicant is having the custody of two children, while she is not having any source of earning and above all, considering the distance between the two places to be about 260 kilometres, as well as the fact of the respondent having not come forward to resist the application, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act, titled 'Lucky Vs. Anchal' (Annexure P-3), filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Kalka, District Panchkula, to the Court of competent jurisdiction at Ferozepur. The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Kalka, to the District and Sessions Judge, Ferozepur. Learned District and Sessions Judge, Ferozepur, shall assign the said petition to the Family Court, Ferozepur. Even, the parties are directed to appear before the Family Court, Ferozepur, within a period of one month from today onwards.

(ARCHANA PURI) 21.08.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.08.22 09:58 I agree to specified portions of this document P&HHC