Mamta v. Sanjeev Kumar

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.171 Date of Decision: 11.02.2026 MAMTA ....Applicant

Versus

SANJEEV KUMAR .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Jasmine Garg, Advocate for Mr. Prateek Sodhi, Advocate for the applicant.

Respondent proceeded against ex parte vide order dated 10.12.2025.

***** ARCHANA PURI, J. (Oral) CM-11721-CII-2023 Keeping in view the averments made in the application, same is allowed.

Main case The applicant-wife has filed the present application for seeking transfer of the petition under Section 9 of the Hindu Marriage Act i.e. HMA/1126/2023, titled 'Sanjeev Kumar Vs. Mamta', filed by the respondenthusband, pending in the Family Court, Ludhiana and she seeks transfer of the same to the Court of competent jurisdiction at Amritsar.

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

At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 26.04.2021. One daughter born from the said wedlock, who is about 4 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 residing at her parental place. She has filed the petition under the Protection of Women from Domestic Violence Act, which is pending in the Courts at Amritsar. Further, counsel submits that the respondent, at first instance, had made appearance in the petition under the Protection of Women from Domestic Violence Act, but however, now, he has been proceeded against ex parte, in the same. The applicant is stated to be not having any source of earning. The distance between the two places is stated to be about 150 kms.

Keeping in view the submissions aforesaid, more particularly, considering the applicant to be taking care of the minor daughter, while herself having no source of earning; one litigation, arising from this matrimonial dispute, already pending in the Courts at Amritsar, wherein the respondent after making appearance, at first instance, has been proceeded against ex parte and also considering the conduct of the respondent, not having come forward to resist the application, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/1126/2023, titled 'Sanjeev

Kumar Vs. Mamta', filed by the respondent-husband, stands transferred from the Family Court, Ludhiana, to the Court of competent jurisdiction at Amritsar. The requisite record of the aforesaid case be sent by the Family Court, Ludhiana, to the District and Sessions Judge, Amritsar. Learned District and Sessions Judge, Amritsar, shall assign the said petition to the Family Court, Amritsar. Even, the parties are directed to appear before the Family Court, Amritsar, within a period of one month from today onwards.

(ARCHANA PURI) 11.02.2026 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No