Meena v. Pawan Kumar

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.217 Date of Decision: 24.09.2025 MEENA ....Applicant

Versus

PAWAN KUMAR .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Sanjay K Saini, 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 13 (1) (1a) (1b) of the Hindu Marriage Act i.e. HMA/397/2024, titled 'Pawan v/s Meena', filed by the respondenthusband, pending in the Family Court, Jhajjar and she seeks transfer of the

same to the Family Court, Gohana, District Sonepat. At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties, had taken place on 25.01.2023 and one son born from the said wedlock is in the care and custody of the applicant. The applicant is stated to be not well educated and is only 8th pass. She along with her minor son is dependent upon her parental family. On account of the matrimonial dispute, the applicant has got lodged an FIR 0299 dated 14.10.2024 under Sections 115/316(2)/351(2)/85 BNS, therein, challan has been presented and the respondent is facing trial in the courts at Gohana. Also, the respondent is stated to be working as government teacher. Besides the aforesaid FIR, the applicant has also filed petition under Section 125 Cr.P.C. as well as complaint under Section 12 of Protection of Women from Domestic Violence Act, which are pending in Family Court, Gohana, District Sonepat and are at the appearance stage only.

In view of the aforesaid mitigating circumstances, more particularly, when the respondent has 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 under Section 13 (1) (1a) (1b) of the Hindu Marriage Act i.e. HMA/397/2024, titled 'Pawan v/s Meena', filed by the respondent-husband, stands transferred from the Family Court, Jhajjar, to the Family Court, Gohana, District Sonepat. The requisite record of the aforesaid case be sent by the Family Court, Jhajjar to the District and Sessions Judge, Sonepat.

Learned District and Sessions Judge, Sonepat, shall assign the said petition to the Family Court (Camp Court), Gohana. Even, the parties are directed to appear before the Family Court, (Camp Court), Gohana, within a period of one month from today onwards. (ARCHANA PURI) 24.09.2025 JUDGE Whether speaking/reasoned :

Yes Whether reportable :

Yes/No