Anuradha Mohan v. Vivek

TA-938-2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.117 TA-938-2024 (O&M) Date of Decision: 22.04.2025 ANURADHA MOHAN ....Applicant

Versus

VIVEK .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Sitanshu Sharma, Advocate for the applicant. Mr. Rahul Gautam, Advocate for Mr. Vikas Bishnoi, Advocate for the respondent. ***** ARCHANA PURI, J. (Oral) CM-6278-CII-2025 The present application has been filed for placing on record the detail of two petitions i.e. the petition under the Protection of Women from Domestic Violence Act and the maintenance petition, filed by the applicant, which are pending in the Courts at Faridabad. In view of the averments made in the application, same is allowed and the requisite documents are taken on record as Annexures P-2 and P-3.

Main case The applicant-wife has filed the present application for seeking transfer of the petition under Section 12(1)(c) of the Hindu Marriage Act i.e. HMA/194/2024, titled 'Vivek Vs. Anuradha Mohan', filed by the respondent-husband, pending in the Family Court, Gurugram and she seeks transfer of the same to the Court of competent jurisdiction at Faridabad. At this stage, the counsel appearing on behalf of the respondent, Anu 2025.04.23 10:34 I attest to the accuracy and authenticity of this document Chandigarh

TA-938-2024 (O&M) who has not filed reply, as per the observations made in the order dated 04.03.2025, makes a statement that the respondent has no objection if the transfer application is allowed and the divorce petition is transferred to Faridabad.

In view of the statement got recorded by the counsel appearing on behalf of the respondent, considering the fact of two other litigation arising from the matrimonial dispute i.e. the petition under the Protection of Women from Domestic Violence Act i.e. COMA/653/2024 and the maintenance petition i.e. MNT/278/2024, to be already pending in the Courts at Faridabad and also considering the fact of the applicant not having any source of earning and taking care of the young daughter, born from her previous marriage, the transfer application is allowed and the petition under Section 12(1)(c) of the Hindu Marriage Act i.e. HMA/194/2024, titled 'Vivek Vs. Anuradha Mohan', filed by the respondent-husband, stands transferred from the Family Court, Gurugram, to the Court of competent jurisdiction at Faridabad. The requisite record of the aforesaid case be sent by the Family Court, Gurugram, to the District and Sessions Judge, Faridabad.

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

(ARCHANA PURI) 22.04.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Anu 2025.04.23 10:34 I attest to the accuracy and authenticity of this document Chandigarh