Rashmi Pathak v. Karanbir Sharma

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.206 Date of Decision: 29.10.2025 RASHMI PATHAK ....Applicant

Versus

KARANBIR SHARMA .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Ramandeep Kaur Brar, Advocate for Mr. Monty Goyal, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 24.09.2025, 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 13 of the Hindu Marriage Act i.e. DMC/714/2025, titled 'Karanbir Sharma Vs. Rashmi Pathak', filed by the respondent-husband, pending in the Family Court (Camp Court) Nakodar, District 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 18.01.2020, 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. Even, she has filed the petition under Section 125 Cr.P.C., as well as the petition under Section 12 of the Protection of Women from Domestic Violence Act, which are pending in the Courts at Ludhiana and the respondent is pursuing both the aforesaid cases. Even, the respondent is facing trial in the Courts at Ludhiana, relating to FIR bearing No.2 dated 04.01.2023, under Sections 406 and 498-A IPC, got lodged by the applicant at Police Station Division No.6, Ludhiana.

Keeping in view the mitigating circumstances about the applicant having no source of earning and also about three other cases already pending in the Courts at Ludhiana, more particularly, the criminal trial, wherein the respondent is required to make appearance on each and every date of hearing and above all, considering fact about the respondent having not come forward to resist the application, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. DMC/714/2025, titled 'Karanbir Sharma Vs. Rashmi Pathak', filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Nakodar, District Jalandhar, to the Court of competent jurisdiction at Ludhiana.

The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Nakodar, 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) 29.10.2025 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No