Nisha Rani v. Akashdeep




IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.108 TA-1034-2023 Date of Decision: 24.10.2024 NISHA RANI ....Applicant

Versus

AKASHDEEP .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. S.K. Bokolia, Advocate for the applicant.

Respondent proceeded against ex parte vide order dated 18.10.2024.

***** ARCHANA PURI, J. (Oral) The applicant-wife has filed the present application for seeking transfer of the petition under Section 9 of the Hindu Marriage Act i.e. HMA/49/2022, titled 'Akashdeep Vs. Nisha Rani', filed by the respondenthusband, pending in the Family Court, Baba Bakala, District Amritsar and she seeks transfer of the same to the Court of competent jurisdiction at Moga.

In pursuance of the notice issued, respondent did not make appearance. As such, he was proceeded against ex parte. Learned counsel for the applicant heard.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 23.11.2020. One female child was born from the said wedlock, who is about 3 years old. The said daughter is presently in the care and custody of the applicant. On account of the matrimonial discord, the applicant is residing at her parental family and Sonu 2024.10.25 10:40 I attest to the accuracy and authenticity of this document P&HHC

 
 she has no independent source of earning. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 130 kilometres, from the place of her residence, to defend the petition under Sectioin 9 of the Hindu Marriage Act.

In view of the submissions made aforesaid and also keeping in view the preference to be given to the convenience of the wife, in case of transfer applications, relating to the matrimonial dispute, the application is accepted and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/49/2022, titled 'Akashdeep Vs. Nisha Rani', filed by the respondenthusband, stands transferred from the Family Court (Camp Court) Baba Bakala, District Amritsar, to the Court of competent jurisdiction at Moga. The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Baba Bakala, to the District and Sessions Judge, Moga. Learned District and Sessions Judge, Moga, shall assign the said petition to the Family Court, Moga. Even, the parties are directed to appear before the Family Court, Moga, within a period of one month from today onwards.

(ARCHANA PURI) 24.10.2024 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2024.10.25 10:40 I attest to the accuracy and authenticity of this document P&HHC