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High Court of Punjab and HaryanaTA/971/2025allowed

Sonia v. Pawan

2025-11-13Mrs. Justice Archana Puri2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH TA-971-2025 (O&M) Date of Decision: November 13, 2025 Sonia ...Applicant

Versus

Pawan

...Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI

Present:

Mr.Naren Pratap Singh, Advocate for the applicant.

None for the respondent.

**** ARCHANA PURI, J.

As observed, on the last date of hearing, none had appeared on behalf of the respondent. Even today, none has made appearance on behalf of the respondent. 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, filed by respondent-husband bearing No.HMA-247-2024, titled 'Pawan vs. Sonia', which is pending in the Family Court, Jind and she seeks transfer of the same to the Court of competent jurisdiction at Rohtak. It is submitted by learned counsel for the applicant that marriage between the parties to the lis, had taken place on 08.11.2019 and two daughters born from the said wedlock, are in the care and custody of the applicant. However, on account of matrimonial dispute, the parties are VINEET GULATI 2025.11.14 10:23 I attest to the accuracy and authenticity of this document Chandigarh

TA-971-2025 -2residing separate. The applicant is not having any source of earning and she, together with her minor daughters, is dependent upon her parental family. She has also filed petition under Section 144 BNSS as well as petition under Section 13 of the Hindu Marriage Act, which are pending in the Courts at Rohtak and the respondent is making appearance in both the said cases. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of 63 kms. to defend the petition under Section 9 of the Hindu Marriage Act, while taking care of two minor daughters.

Considering the aforesaid constrained circumstances, more particularly, considering the applicant to be taking care of two minor daughters and above it, the respondent not having come forward to resist the present application, the transfer application, as such, is hereby allowed and the petition under Section 9 of the Hindu Marriage Act, filed by respondenthusband bearing No.HMA-247-2024, titled 'Pawan vs. Sonia', stands transferred from the Family Court, Jind, to the Court of competent jurisdiction at Rohtak. The requisite record of the aforesaid case be sent by the Family Court, Jind, to the District and Sessions Judge, Rohtak. Learned District and Sessions Judge, Rohtak, shall assign the said petition to the Family Court, Rohtak. Even, the parties are directed to appear before the Family Court, Rohtak, within a period of one month from today onwards.

November 13, 2025 (ARCHANA PURI) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No VINEET GULATI 2025.11.14 10:23 I attest to the accuracy and authenticity of this document Chandigarh