Babli v. Suraj

TA-1029-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.105 TA-1029-2023 Date of Decision: 18.08.2025 BABLI ....Applicant

Versus

SURAJ .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) Perusal of the paperbook reveals that on the last date of hearing, despite service, the respondent did not make appearance. Even today, he has not made appearance., nor any reply has been filed, despite last opportunity. 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/99/2023 titled 'Suraj v/s Babli', filed by the respondent-husband, pending in the Family Court, Panchkula and she seeks transfer of the same to the Court of competent jurisdiction at Ambala. At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties, had taken place on 25.10.2020 and one daughter born from the said wedlock, is in the care and custody of the applicant. On account of the matrimonial dispute, the parties Sonu 2025.08.19 09:55 I agree to specified portions of this document P&HHC

TA-1029-2023 are residing separate. The applicant is not having any source of earning and she together with her daughter, are dependent upon her parental family. Furthermore, it is submitted that after filing of the transfer application, the applicant has got lodged an FIR No. 207/2023, trial whereof is pending in the courts at Ambala. Even, the applicant has filed one petition under Section 125 Cr.P.C., which is also pending in the courts at Ambala and the respondent is pursuing the same.

In view of the aforesaid mitigating circumstances, more particularly, considering the fact of the respondent having not come forward to resist the transfer application and the fact that the applicant is taking care of the minor daughter, who herself is having no source of earning, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/99/2023 titled 'Suraj v/s Babli', filed by the respondent-husband, stands transferred from the Family Court, Panchkula to the Court of competent jurisdiction at Ambala. The requisite record of the aforesaid case be sent by the Family Court, Panchkula to the District and Sessions Judge, Ambala.

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

(ARCHANA PURI) 18.08.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.08.19 09:55 I agree to specified portions of this document P&HHC