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High Court of Punjab and HaryanaTA/1230/2024allowed

Manisha Sharma v. Varun Sharma

2025-08-06Mrs. Justice Archana Puri2 pages

TA-1230-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.113 TA-1230-2024 Date of Decision: 06.08.2025 MANISHA SHARMA ....Applicant

Versus

VARUN SHARMA .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) Perusal of the paperbook reveals that on the last date of hearing, despite service, the respondent did not make appearance. 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 divorce petition i.e. HMA/282/2023 titled 'Varun Sharma v/s Manisha Sharma', filed by the respondent-husband, pending in the Family Court, (Camp Court), Kharar, District SAS Nagar (Mohali) and she seeks transfer of the same to the Court of competent jurisdiction at Patiala. At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 27.05.2022, but no child was born from the said wedlock. On account of the matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning and is dependent upon her parental family. Sonu 2025.08.07 17:01 I attest to the accuracy and authenticity of this document

TA-1230-2024 She has filed petition under Section 125 Cr.P.C, which is pending in the courts at Patiala and the respondent is making appearance in the same. Also, the applicant has got lodged an FIR No. 92 dated 04.11.2023 under Section 406 and 498-A IPC, which is pending investigation. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 70 kms, to defend the divorce petition. Considering the aforesaid mitigating circumstances and also taking into consideration the fact of the respondent having not come forward, to resist the transfer application, the same is allowed and the divorce petition i.e. HMA/282/2023 titled 'Varun Sharma v/s Manisha Sharma', filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Kharar, District SAS Nagar (Mohali), to the Court of competent jurisdiction at Patiala. The requisite record of the aforesaid case be sent by the Family Court (Camp Court), Kharar to the District and Sessions Judge, Patiala.

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

(ARCHANA PURI) 06.08.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.08.07 17:01 I attest to the accuracy and authenticity of this document