Sonia Rani v. Sanju

TA-1207-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.215 TA-1207-2023 Date of Decision: 18.03.2025 SONIA RANI ....Applicant

Versus

SANJU .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Payal Sharma, Advocate for Mr. K.P.S.Virk, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) 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/974/2023 titled "Sanju v/s Sonia Rani", filed by the respondent/husband, which is pending in the Courts at Hisar and she seeks transfer of the same to the court of competent jurisdiction at Family Court (Camp Court) Safidon, District Jind.

In pursuance of notice issued, respondent did not make appearance, despite service, as per observations made in the last order. Today also, none has made appearance on behalf of the respondent. As such, respondent is 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 was solemnized on 16.11.2021 and one daughter born from the said wedlock, who is about two and half years of age, is in the care and custody of the applicant. On account of matrimonial discord, the Sonu 2025.03.18 16:31 I agree to specified portions of this document P&HHC

 TA-1207-2023 applicant has got lodged an FIR No. 196 dated 06.09.2023 under Sections 323, 406, 498A, 506 IPC read with Section 34, wherein challan has been presented in the courts at Safidon, District Jind. It is also submitted that the applicant is not working and as such, has filed petition under Section 125 Cr.P.C., which is also pending in Family Courts, Safidon, District Jind and the respondent is making appearance in the same.

In view of the aforesaid fact situation, considering the position of law about preference to be given to the convenience of the wife in the transfer applications relating to the matrimonial dispute, more particularly, when the respondent has not come forward to contest the application and the applicant is taking care of the minor child, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. DMC/974/2023 titled "Sanju v/s Sonia Rani", filed by the respondent/husband, stands transferred from the Family Court, Hisar, to Family Court (Camp Court) Safidon, District Jind. The requisite record of the aforesaid case be sent by the Family Court, Hisar, to the District and Sessions Judge, Jind.

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

(ARCHANA PURI) 18.03.2025 JUDGE  Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.03.18 16:31 I agree to specified portions of this document P&HHC