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High Court of Punjab and HaryanaTA/1047/2025allowed

Harsha v. Charanjeet Juneja

2026-01-22Mrs. Justice Archana Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.120 Date of Decision: 22.01.2026 HARSHA ....Applicant

Versus

CHARANJEET JUNEJA .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 15.01.2026, 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 9 of the Hindu Marriage Act i.e. HMA/26/2025, titled 'Charanjeet Juneja Vs. Harsha', filed by the respondent-husband, pending in the Family Court, Rohtak and she seeks transfer of the same to the Court of competent jurisdiction at Chandigarh.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 16.01.2016. One daughter born from the said wedlock, who is about 3 years old, is in the care and custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. Also, it is submitted that the applicant is an employee of Reserve Bank of India, at Chandigarh. Though, the designation of the applicant is not mentioned in the application, but however, on query by this Court, the counsel submits that she is designated clerk. Two petitions filed by the applicant i.e. the divorce petition i.e. HMA/1114/2025, as well as the maintenance petition, are already pending in the Courts at Chandigarh. Counsel submits that in both the said petitions, the respondent did not make appearance, despite service and as such, has been proceeded against ex parte.

Considering the submissions aforesaid, more particularly, consideing the fact of applicant being a working woman and also taking care of the daughter, who is about 3 years old and also the fact of two other litigations, already pending in the Courts at Chandigarh, which are not pursued by the respondent, despite service and above all, 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. HMA/26/2025, titled 'Charanjeet Juneja Vs. Harsha', filed by the respondent-husband, stands transferred from the Family Court, Rohtak, to the Court of competent jurisdiction at Chandigarh.

The requisite record of the aforesaid case be sent by the Family Court, Rohtak, to the District and Sessions Judge, Chandigarh. Learned District and Sessions Judge, Chandigarh, shall assign the said petition to the Family Court, Chandigarh. Even, the parties are directed to appear before the Family Court, Chandigarh, within a period of one month from today onwards.

(ARCHANA PURI) 22.01.2026 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No