Sumit Rani v. Naveen

TA-821-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.203 TA-821-2024 Date of Decision: 09.07.2025 SUMIT RANI ....Applicant

Versus

NAVEEN .....Respondent

CORAM:

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

Respondent proceeded against ex parte vide order dated 26.05.2025.

***** ARCHANA PURI, J. (Oral) The applicant-wife has filed the present application for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. HMA/275/2024, titled 'Naveen Vs. Sumit Rani', filed by the respondenthusband, pending in the Family Court, Kaithal and she seeks transfer of the same to the Court of competent jurisdiction at Bhiwani. Upon notice issued, the respondent did not make appearance, despite service and ultimately, he was proceeded against ex parte. The 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 21.11.2021, but no child was born from the said wedlock. Further, it is submitted that the applicant was made to undergo abortion forcibly. On account of the matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning and is dependent upon her Sonu 2025.07.10 18:10 I agree to specified portions of this document P&HHC

TA-821-2024 parental family. Even, she has filed the petition under Section 125 Cr.P.C., as well as the petition under Section 12 of the Protection of Women from Domestic Violence Act, which are pending in the Courts at Bhiwani and the respondent is making appearance in both the said cases. Also, the respondent is facing trial in the Courts at Bhiwani, relating to FIR bearing No.116 dated 27.03.2023, under Sections 34, 323, 406, 498-A and 506 IPC, got lodged by the applicant at Police Station City Bawani Khera, District Bhiwani. The distance between the two places is stated to be about 150 kilometres.

Taking into consideration the aforesaid mitigating circumstances, more particularly, when the respondent has not come forward to resist the application, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/275/2024, titled 'Naveen Vs. Sumit Rani', filed by the respondent-husband, stands transferred from the Family Court, Kaithal, to the Court of competent jurisdiction at Bhiwani. The requisite record of the aforesaid case be sent by the Family Court, Kaithal, to the District and Sessions Judge, Bhiwani. Learned District and Sessions Judge, Bhiwani, shall assign the said petition to the Family Court, Bhiwani. Even, the parties are directed to appear before the Family Court, Bhiwani, within a period of one month from today onwards.

(ARCHANA PURI) 09.07.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.07.10 18:10 I agree to specified portions of this document P&HHC