Rajni v. Gurnam Singh

TA-873-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.104 TA-873-2024 Date of Decision: 28.05.2025 RAJNI ....Applicant

Versus

GURNAM SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Shivam Joshi and Mr. Binat Sharma, Advocates for the applicant.

Respondent proceeded against ex parte vide order dated 15.05.2025.

***** 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. HMA/142/2024, titled 'Gurnam Singh Vs. Rajni', filed by the respondenthusband, pending in the Family Court, Gurdaspur and she seeks transfer of the same to the Court of competent jurisdiction at Hoshiarpur. Upon notice, the respondent did not make appearance, despite service and as such, was proceeded against ex parte. The 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 09.12.2022. One daughter born from the said wedlock, who is about 11⁄2 years old, is in the care and custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. The distance between the two places is stated to be Anu 2025.05.29 10:39 I attest to the accuracy and authenticity of this document Chandigarh

TA-873-2024 about 80 kilometres. Since the applicant is residing in village Kotla, at Chintpurni Road, Hoshiarpur, there is lack of transportation, which also makes it all the more inconvenient for her, to pursue the litigation thrusted upon her.

On query by the Court, it is submitted by the counsel for the applicant that the applicant is not working and as such, has no source of earning.

Considering the mitigating circumstances, as stated aforesaid and also taking into consideration the fact about the respondent having not come forward to resist the application, more particularly, considering the fact of the applicant, taking care of the minor child, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/142/2024, titled 'Gurnam Singh Vs. Rajni', filed by the respondenthusband, stands transferred from the Family Court, Gurdaspur, to the Court of competent jurisdiction at Hoshiarpur. The requisite record of the aforesaid case be sent by the Family Court, Gurdaspur, to the District and Sessions Judge, Hoshiarpur.

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

(ARCHANA PURI) 28.05.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Anu 2025.05.29 10:39 I attest to the accuracy and authenticity of this document Chandigarh