Mona v. Ajay

TA-627-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.113 TA-627-2024 Date of Decision: 07.08.2025 MONA ....Applicant

Versus

AJAY .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Kavita and Ms. Gurpreet Kaur, Advocate for the applicant.

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 9 of the Hindu Marriage Act i.e. HMA/378/2023, titled 'Ajay v/s Mona', filed by the respondent-husband, pending in the Family Court, Narnaul and she seeks transfer of the same to the Court of competent jurisdiction at Bhiwani. 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 16.05.2011, but no child was born from the said wedlock. On account of the matrimonial dispute, the parties are residing separate. The applicant has no Sonu 2025.08.08 16:18 I agree to specified portions of this document P&HHC

TA-627-2024 source of earning and is dependant upon her parental family. The applicant has filed the petition under Section 125 Cr.P.C. and complaint under Section 12 of Protection of Women from Domestic Violence Act, which are pending in the courts at Bhiwani. In both the aforesaid petition, the respondent is making appearance. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 103 kms, to defend the petition under Section 9 of Hindu Marriage Act. Considering the mitigating circumstances aforesaid, more particularly, taking into consideration the fact of the respondent having not come forward to resist the transfer application, the same is allowed and the petition under Section 9 of the Hindu Marriage Act i.e.

HMA/378/2023, titled 'Ajay v/s Mona', filed by the respondent-husband, stands transferred from the Family Court, Narnaul to the Court of competent jurisdiction at Family Court, Bhiwani. The requisite record of the aforesaid case be sent by the Family Court, Narnaul, to the District and Sessions Judge, Bhiwani. Learned District and Sessions Judge, Bhiwani shall assign the said petition to the Family Court, Bhiwani. Even, the parties are directed to appear before the Family Court, Bhiwani, within a period of one month from today onwards.

(ARCHANA PURI) 07.08.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.08.08 16:18 I agree to specified portions of this document P&HHC