Shalu v. Vikas

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.213 Date of Decision: 30.03.2026 SHALU ....Applicant

Versus

VIKAS .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Ajay Kumar Gupta, Advocate for the applicant.

Respondent proceeded against ex parte vide order dated 25.02.2026.

***** 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. DMC/31/2025, titled 'Vikas Vs. Shalu', filed by the respondent-husband, pending in the Family Court, Sonepat and she seeks transfer of the same to the Court of competent jurisdiction at Bhiwani. In pursuance of notice issued, the respondent did not make appearance, despite service and as such, was proceeded against ex parte. 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 09.12.2021, 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. Even, she has filed the petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as well as the petition under the Protection of Women from Domestic Violence Act, which are pending in the Courts at Bhiwani. The respondent had made appearance in the petition under the Protection of Women from Domestic Violence Act, whereas, the maintenance petition is still at the appearance stage. Besides the aforesaid, in the criminal case, relating to FIR bearing No.64 dated 01.07.2025, under Sections 23, 323, 406, 506 and 498-A IPC, got lodged by the applicant at Women Police Station, Bhiwani, challan has been presented against the respondent and he is making appearance in the Courts at Bhiwani. The distance between the two places is about 120 kms.

In view of the submissions aforesaid, more particularly, taking into consideration the fact of the applicant, not having any source of earning; three other litigation, arising from the broken marriage, to be already pending at Bhiwani, more particularly, the criminal case, wherein the respondent is required to make appearance on each and every date of hearing; the distance between the two places and above it, considering the fact about the 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/31/2025, titled 'Vikas Vs. Shalu', filed by the respondent-husband, stands transferred from the Family Court, Sonepat, to the Court of competent jurisdiction at Bhiwani.

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

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

(ARCHANA PURI) 30.03.2026 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No