Prajjwal Sharma v. Atul Sharma

TA-976-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.118 TA-976-2024 Date of Decision: 22.04.2025 PRAJJWAL SHARMA ....Applicant

Versus

ATUL SHARMA .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 10.02.2025, 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.

The 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. HMA/146/2024, titled 'Atul Sharma Vs. Prajjwal Sharma', filed by the respondent-husband, pending in the Family Court, Jalandhar and she seeks transfer of the same to the Court of competent jurisdiction at Ludhiana. It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 27.09.2022. One son born from the said wedlock, who is about 2 years old, is in the care and custody of the applicant. The applicant has no source of earning and is totally Anu 2025.04.23 10:34 I attest to the accuracy and authenticity of this document Chandigarh

TA-976-2024 dependent upon her parental family. She has already filed the petition under Section 12 of the Protection of Women from Domestic Violence Act i.e. COMA/2595/2024 and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/558/2024, which are pending in the Courts at Ludhiana and the respondent is making appearance in both the said cases.

In view of the submissions aforesaid and also considering the fact about the respondent having not come forward to resist the application, more particularly, while the applicant is not having any source of earning and is taking care of the minor child, as well as taking into consideration the fact of two other cases arising from the matrimonial dispute, already pending in the Courts at Ludhiana, which are pursued by the respondent, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/146/2024, titled 'Atul Sharma Vs. Prajjwal Sharma', filed by the respondent-husband, stands transferred from the Family Court, Jalandhar, to the Court of competent jurisdiction at Ludhiana.

The requisite record of the aforesaid case be sent by the Family Court, Jalandhar, to the District and Sessions Judge, Ludhiana.

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

(ARCHANA PURI) 22.04.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Anu 2025.04.23 10:34 I attest to the accuracy and authenticity of this document Chandigarh