Jyoti v. Sachin

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.230 Date of Decision: 15.09.2025 JYOTI ....Applicant

Versus

SACHIN .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 26.08.2025, despite service, the respondent did not make appearance on that date. Even today, he has not made appearance. 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 9 of the Hindu Marriage Act i.e. DMC/19/2023, titled 'Sachin Vs. Jyoti', filed by the respondent-husband, pending in the Family Court (Camp Court) Hansi, District Hisar and she seeks transfer of the same to the Court of competent jurisdiction at Charkhi

Dadri.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 10.07.2019, but no child was born from the said wedlock. However, on account of the matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning and as such, is dependent upon her parental family. She has filed the petition under Section 125 Cr.P.C. i.e. MNT/72/2024, as well as the petition under the Protection of Women from Domestic Violence Act i.e. COMA/47/2024, which are pending in the Courts at Charkhi Dadri and the respondent is pursuing both the said cases. Besides the same, the respondent is facing trial in the Courts at Charkhi Dadri, relating to FIR bearing No.

54 of 2023, under Section 323, 406, 498-A, 506 and 509 IPC, got lodged by the applicant at Women Police Station, Charkhi Dadri. The distance between the two places is about 100 kilometres and as such, it is pleaded that without having any source of earning, it is difficult for the applicant, to defend the petition under Section 9 of the Hindu Marriage Act. In view of the mitigating circumstances aforesaid, more particularly, considering the fact of 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. DMC/19/2023, titled 'Sachin Vs. Jyoti', filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Hansi, District Hisar, to the Court of competent jurisdiction at Charkhi Dadri.

The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Hansi, to the District and Sessions Judge, Charkhi Dadri.

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

(ARCHANA PURI) 15.09.2025 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No