Varnica Sidhu v. Krishan Kumar

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.108 Date of Decision: 01.05.2025 VARNICA SIDHU ....Applicant

Versus

KRISHAN KUMAR .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) CM-13510-CII-2024 Keeping in view the averments made in the application, same is allowed.

Main case As per the observations made in the order dated 04.03.2025, despite service, the respondent did not make appearance on that date. Even on the subsequent date i.e. 25.04.2025, he had not made appearance. Today also, he has not made appearance. As such, the respondent is proceeded against ex parte.

The 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 i.e. HMA/60/2024, titled 'Krishank Kumar Vs. Vernica Sidhu', filed by the respondent-husband, pending in the Family Court (Camp Court) Derabassi, District SAS Nagar and she seeks transfer of the same to the Court of competent jurisdiction at Kurukshetra.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 13.12.2018, but no child was born from the said wedlock. However, due to the matrimonial dispute, the parties are residing separate. The applicant has no source of earning and is dependent upon her parental family. Even, she has filed the petition under Section 125 Cr.P.C. and the petition under the Protection of Women from Domestic Violence Act, which are pending in the Courts at Kurukshetra and the respondent is pursuing both the said cases. Besides the same, it is submitted that the respondent is facing trial in the Courts at Kurukshetra, relating to FIR bearing No.34 dated 27.03.2024, under Sections 323, 406, 498-A and 506 IPC, in the Courts at Kurukshetra.

In the given circumstances, it is submitted that it is difficult for the applicant, to commute a distance of about 60-80 kilometres, to defend the divorce petition.

Section 13 of the Hindu Marriage Act i.e. HMA/60/2024, titled 'Krishank Kumar Vs. Vernica Sidhu', filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Derabassi, District SAS Nagar, to the Court of competent jurisdiction at Kurukshetra. The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Derabassi, to the District and Sessions Judge, Kurukshetra. Learned District and Sessions Judge, Kurukshetra, shall assign the said petition to the Family Court, Kurukshetra. Even, the parties are directed to appear before the Family Court, Kurukshetra, within a period of one month from today onwards.

(ARCHANA PURI) 01.05.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No