Rajvir Kaur v. Bhupesh Gupta

TA-733-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.125 TA-733-2024 Date of Decision: 24.10.2024 RAJVIR KAUR ....Applicant

Versus

BHUPESH GUPTA .....Respondent

CORAM:

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

Respondent proceeded against ex parte vide order dated 19.09.2024.

***** ARCHANA PURI, J. (Oral) The applicant-wife has filed the present application for seeking transfer of the petition under Section 9 of the Hindu Marriage Act i.e. DMC/317/2024, titled 'Bhupesh Gupta Vs. Rajvir Kaur', filed by the respondent-husband, pending in the Family Court, Bathinda and she seeks transfer of the same to the Court of competent jurisdiction at Sangrur. In pursuance of the notice issued, respondent did not make appearance. As such, he was proceeded against ex parte. Learned counsel for the applicant heard.

It is submitted by the counsel for the applicant that the marriage had taken place, between the parties to the lis on 28.11.2022, but no child was born from the said wedlock. However, on account of the matrimonial discord, the parties are residing separate. The applicant has filed the petition under Section 125 Cr.P.C. i.e. MNT-125/10/2024, as well as the petition under Section 12(1) of the Protection of Women from Domestic Violence Sonu 2024.10.25 10:40 I attest to the accuracy and authenticity of this document P&HHC

TA-733-2024 Act i.e. COMA/280/2024. Both the said cases are pending in the Courts at Sangrur and the respondent is making appearance in the same. In the given circumstances, it is submitted that for the convenience of the applicant, the petition under Section 9 of the Hindu Marriage Act, which is pending in the Courts at a distance of about 105 kilometres, from the place of residence of the applicant, be transferred to the Courts at Sangrur, where two cases arising from the matrimonial dispute, are already pending.

In view of the submissions made aforesaid and also considering the preference to be given to the convenience of the wife, in case of transfer applications, relating to the matrimonial dispute, more particularly, taking into consideration the fact that two cases, as detailed aforesaid, are already pending in the Courts at Sangrur, the application is accepted and the petition under Section 9 of the Hindu Marriage Act i.e. DMC/317/2024, titled 'Bhupesh Gupta Vs. Rajvir Kaur', filed by the respondent-husband, stands transferred from the Family Court, Bathinda, to the Court of competent jurisdiction at Sangrur. The requisite record of the aforesaid case be sent by the Family Court, Bathinda, to the District and Sessions Judge, Sangrur. Learned District and Sessions Judge, Sangrur, shall assign the said petition to the Family Court, Sangrur.

Even, the parties are directed to appear before the Family Court, Sangrur, within a period of one month from today onwards.

(ARCHANA PURI) 24.10.2024 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2024.10.25 10:40 I attest to the accuracy and authenticity of this document P&HHC