Poonam Rani v. Manoj Kumar

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH TA-737-2025 (O&M) Date of Decision: March 24, 2026 Poonam Rani ...Applicant

Versus

Manoj Kumar

...Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI

Present:

Mr.Lupil Gupta, Advocate for the applicant.

None for the respondent.

**** ARCHANA PURI, J.

Applicant-wife has filed the present application for seeking transfer of the petition under Section 9 of the Hindu Marriage Act, filed by respondent-husband, bearing No.HMA-536-2024, titled 'Manoj Kumar vs. Poonam Rani', pending in the Family Court, Fatehabad, and she seeks transfer of the same to the Court of competent jurisdiction at Dabwali, District Sirsa.

In pursuance of the notice issued, the respondent did not make appearance and as such, he was proceeded against ex-parte. Counsel for the applicant heard.

At the very outset, it is submitted by counsel for the applicant that marriage between the parties to the lis had taken place on 18.02.2024,

TA-737-2025 -2but no child was born from the said wedlock. Unfortunately, matrimonial dispute arose between the parties and they are residing separate. The applicant is not having any source of earning. She has already filed petition under Section 12 of the Protection of Women from Domestic Violence Act as well as petition under Section 144 BNSS, which are pending in the Courts at Dabwali and the respondent is making appearance in both the aforesaid cases. Even, qua FIR No.44 dated 10.11.2024 under Sections 323, 406, 498-A and 506 IPC, challan has been presented in the Courts at Sirsa and the same is now fixed for appearance of the respondent. Furthermore, also it is submitted that the distance between two places is about 100 kms.

Considering the submissions aforesaid, more particularly, considering two other litigations to be already pending in the Courts at Dabwali and further, considering about the criminal case, wherein, the respondent, after making appearance, during the course of trial, shall be required to make appearance on each and every date of hearing and also considering about distance between the two places and the applicant not having any source of earning and above it, considering the fact of respondent, not having come forward to resist the application, the transfer application, as such, is hereby allowed and the petition under Section 9 of the Hindu Marriage Act, filed by respondent-husband, bearing No.HMA536-2024, titled 'Manoj Kumar vs. Poonam Rani', stands transferred from the Family Court, Fatehabad, to the Court of competent jurisdiction at Dabwali, District Sirsa. The requisite record of the aforesaid case be sent by the Family Court, Fatehabad, to the District and Sessions Judge, Sirsa.

TA-737-2025 -3Learned District and Sessions Judge, Sirsa, shall assign the said petition to the Family (Camp) Court, Dabwali. Even, the parties are directed to appear before the Family (Camp) Court, Dabwali, within a period of one month from today onwards.

March 24, 2026 (ARCHANA PURI) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No