Navita Alias Navita Bansal v. Adhitya Bansal Alias Aditya Bansal

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.228 Date of Decision: 13.11.2025 NAVITA ALIAS NAVITA BANSAL ....Applicant

Versus

ADHITYA BANSAL ALIAS ADITYA BANSAL .....Respondent

CORAM:

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

Respondent proceeded against ex parte vide order dated 28.08.2025.

***** 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/1095/2023, titled 'Adhitya Bansal Vs. Navita Bansal', filed by the respondent-husband, pending in the Family Court, Amritsar and she seeks transfer of the same to the Court of competent jurisdiction at Pathankot. In pursuance of notice issued, the respondent did not make appearance, despite service and as such, was proceeded against ex parte. 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 20.07.2013. One daughter born from the said wedlock, is in the care and custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning and she together with her daughter, is dependent upon her parental family. The applicant had earlier filed the petition under Section 125 Cr.P.C. However, the respondent did not make appearance and the said petition has been allowed ex parte. To secure the arrears of maintenance, the applicant, during the pendency of the present application, has filed the execution, which is pending in the Courts at Pathankot. Besides the same, she has also filed the petition under the Protection of Women from Domestic Violence Act, which is also pending in the Courts at Pathankot. Earlier, the respondent was proceeded against ex parte, in the said petition, but now, he has filed an application for seeking setting aside of the ex parte proceedings.

Considering the aforesaid constrained circumstances, more particularly, taking into consideration the fact of the minor child residing with the applicant/mother, who herself has no source of earning and above it, considering the fact about the respondent having not 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/1095/2023, titled 'Adhitya Bansal Vs. Navita Bansal', filed by the respondent-husband, stands transferred from the Family Court, Amritsar, to the Court of competent jurisdiction at Pathankot. The requisite record of the aforesaid case be sent by the Family Court, Amritsar, to the District and Sessions Judge, Pathankot.

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

(ARCHANA PURI) 13.11.2025 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No