Manju v. Ajay Kumar

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH TA-858-2025 (O&M) Date of Decision: October 30, 2025 Manju ...Applicant

Versus

Ajay Kumar

...Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI

Present:

Mr.N.K.Gupta, Advocate for the applicant.

None for the respondent.

**** ARCHANA PURI, J.

Perusal of the previous orders reveal that none had appeared on behalf of the respondent. Even today, none has made appearance on behalf of the respondent. As such, the respondent is proceeded against ex parte. Counsel for the applicant heard.

The applicant-wife has filed the present application for seeking transfer of the petition under Section 13 of the Hindu Marriage Act, filed by respondent-husband bearing No.DMC-749-2024, titled 'Ajay Kumar vs. Manju', which is pending in the Family Court, Hisar and she seeks transfer of the same to the Court of competent jurisdiction at Sirsa. It is submitted by learned counsel for the applicant that marriage between the parties to the lis, had taken place on 23.02.2019, but no child was born from the said wedlock. On account of matrimonial dispute, the parties are residing separate. The applicant is not having any VINEET GULATI 2025.10.31 11:38 I attest to the accuracy and authenticity of this document Chandigarh

TA-858-2025 -2source of earning and she is dependent upon her parental family. Also, it is submitted that she had filed petition under Section 125 Cr.P.C, which is pending in the Courts at Sirsa and the respondent is making appearance in the same. Besides the same, further it is submitted that at the time filing of the transfer application, a complaint filed, at the instance of the applicant, was pending in the office of SP Sirsa and on the basis thereof, FIR has been lodged, which is pending investigation. The distance between the two places is stated to be 100 kms.

In view of the mitigating circumstances aforesaid, more particularly, the applicant not having any source of earning and the distance between the two places as well as the maintenance petition being pursued by the respondent and above it, the respondent not having come forward to resist the application, the transfer application, as such, is hereby allowed and the petition under Section 13 of the Hindu Marriage Act, filed by respondent-husband bearing No.DMC-749-2024, titled 'Ajay Kumar vs. Manju', stands transferred from the Family Court, Hisar, to the Court of competent jurisdiction at Sirsa. The requisite record of the aforesaid case be sent by the Family Court, Hisar, to the District and Sessions Judge, Sirsa. Learned District and Sessions Judge, Sirsa, shall assign the said petition to the Family Court, Sirsa. Even, the parties are directed to appear before the Family Court, Sirsa, within a period of one month from today onwards.

October 30, 2025 (ARCHANA PURI) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No VINEET GULATI 2025.10.31 11:38 I attest to the accuracy and authenticity of this document Chandigarh