Anjali Devi v. Ajit Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.228 Date of Decision: 13.05.2025 ANJALI DEVI ....Applicant

Versus

AJIT SINGH .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) CM-18766-CII-2023 Keeping in view the averments made in the application, same is allowed.

Main case As per the observations made in the order dated 09.04.2025, 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 13 of the Hindu Marriage Act i.e. DMC/629/2023, titled 'Ajit Singh Vs. Anjali Devi', filed by the respondenthusband, pending in the Family Court, Panipat and she seeks transfer of the same to the Court of competent jurisdiction at Kurukshetra. It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 08.12.2019. One son born from the said wedlock, who is about 41⁄2 years old, is in the care and custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. The applicant had filed the petition under Section 125 Cr.P.C., which is pending in the Courts at Kurukshetra.

However, the respondent did not make appearance, despite service and as such, has been proceeded against ex parte. The respondent is facing trial in the Courts at Kurukshetra, relating to FIR bearing No.105 dated 07.06.2023, under Sections 323, 377, 406, 498-A and 506 IPC, got lodged by the applicant at Police Station Jhansa, District Kurukshetra.

On query by the Court, it is submitted by the counsel for the applicant that the applicant is not working and she has filed the petition for seeking compensation on her behalf also. The distance between the two places is stated to be about 84 kilometres.

In view of the submissions aforesaid and considering the fact about the respondent having not come forward to resist the application; considering the fact of the applicant, who has no source of earning, to be taking care of the minor son; and also considering the factum of other litigation arising from the matrimonial dispute, already pending in the

Courts at Kurukshetra, more particularly, considering the trial faced by the respondent in the criminal case, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. DMC/629/2023, titled 'Ajit Singh Vs. Anjali Devi', filed by the respondent-husband, stands transferred from the Family Court, Panipat, to the Court of competent jurisdiction at Kurukshetra. The requisite record of the aforesaid case be sent by the Family Court, Panipat, to the District and Sessions Judge, Kurukshetra.

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

(ARCHANA PURI) 13.05.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No