Khushi v. Tasleem

TA-670-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.201 TA-670-2024 Date of Decision: 28.08.2025 KHUSHI ....Applicant

Versus

TASLEEM .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Amit Kashyap, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) Perusal of the paperbook reveals that despite availing several opportunities, reply was not filed. Even, last opportunity was given on 28.04.2025, to do the needful. Even then, the reply was not filed. Today, none has made appearance on his behalf. As such, 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 i.e. DMC/525/2023, titled 'Tasleem v/s Khushi', filed by the respondent-husband, pending in the Family Court, Patiala and she seeks transfer of the same to the Court of competent jurisdiction at Bathinda. At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties, had taken place on 18.02.2022 and one son born from the said wedlock, who is about 2 months old, is in the care and custody of the applicant. On account of the Sonu 2025.08.29 15:49 I agree to specified portions of this document P&HHC

TA-670-2024 matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning. She has filed petition under Section 125 Cr.P.C., which is pending in the courts at Bathinda. Besides the same, one complaint has been filed by the applicant, before Senior Superintendent of Police, Bathinda qua the torture faced by her from the respondent, which is still pending inquiry. In the given circumstances, it is submitted that it is difficult for her to commute a distance of about 155 kms, to defend the aforesaid petition.

In view of the mitigating circumstances aforesaid, more particularly, considering the fact of the respondent, having not come forward to resist the transfer application as well as taking into consideration the fact of the child 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 i.e. DMC/525/2023, titled 'Tasleem v/s Khushi', filed by the respondent-husband, stands transferred from the Family Court, Patiala, to the Court of competent jurisdiction at Bathinda. The requisite record of the aforesaid case be sent by the Family Court, Patiala, to the District and Sessions Judge, Bathinda.

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

(ARCHANA PURI) 28.08.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.08.29 15:49 I agree to specified portions of this document P&HHC