Taruna v. Vijay Kimar

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.215 Date of Decision: 24.09.2025 TARUNA ....Applicant

Versus

VIJAY KUMAR .....Respondent

CORAM:

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

Respondent proceeded against ex parte vide order dated 04.09.2025.

***** 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/323/2025, titled 'Vijay Kumar Vs. Taruna', filed by the respondenthusband, pending in the Family Court (Camp Court) Talwandi Sabo, District Bathinda and she seeks transfer of the same to the Court of competent jurisdiction at Jind.

Upon notice issued, the respondent did not make appearance, despite service and as such, was proceeded against ex parte. Counsel for the applicant heard.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 20.02.2022. One son born from the said wedlock, who is about 2 years old, is in the care and custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. The applicant is not having any source of income and she together with the child, is dependent upon her parental family. She has filed the petition under Section 12 of the Protection of Women from Domestic Violence Act i.e. COMA/141/2025, as well as the maintenance petition i.e. MNT-125/67/2025, which are pending in the Courts at Jind and the respondent is pursuing both the aforesaid cases. The distance between Talwandi Sabo and Jind, is stated to be about 210 kilometres. In the given circumstances, it is submitted that it is difficult for the applicant, to pursue the litigation thrusted upon her, more particularly, while taking care of the minor child.

In view of the aforesaid mitigating circumstances, more particularly, considering the applicant to be taking care of the minor son, while herself having no source of earning and above all, considering the fact about 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 i.e. DMC/323/2025, titled 'Vijay Kumar Vs. Taruna', filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Talwandi Sabo, District Bathinda, to the Court of competent jurisdiction at Jind. The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Talwandi Sabo, to the District and Sessions Judge, Jind.

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

(ARCHANA PURI) 24.09.2025 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No