Preeti Jain v. Sumit Jain

TA-1239-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.114 TA-1239-2024 Date of Decision: 28.04.2025 PREETI JAIN ....Applicant

Versus

SUMIT JAIN .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Navdeep Jain, Advocate for Mr. Sunny K. Singla, Advocate for the applicant.

Mr. Ajay Kumar Sharma, Advocate 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, titled 'Sumit Jain Vs. Preeti Jain', filed by the respondent-husband, pending in the Family Court, Ludhiana and she seeks transfer of the same to the Court of competent jurisdiction at Patiala.

Mr. Ajay Kumar Sharma, Advocate, had already filed Power of Attorney, on behalf of the respondent, before the Registry and the same is taken on record. At this stage, the counsel for the respondent submits that he has no objection, if the transfer application is accepted and the divorce petition is transferred from Ludhiana to Patiala. In view of the submission aforesaid, it is pertinent to mention that on account of the matrimonial dispute between the parties, there are two cases, already pending in the Courts at Patiala i.e. petition under Section 12 Sonu 2025.04.28 16:40 I agree to specified portions of this document P&HHC

TA-1239-2024 of the Protection of Women from Domestic Violence Act, as well as the petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the respondent is making appearance in the same. As such, it is difficult for the applicant to commute a distance of about 100 kilometres, to defend the divorce petition.

In view of the aforesaid fact situation and considering the fact about the applicant having no source of earning, more particularly, in view of the statement given by the counsel for the respondent, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act, titled 'Sumit Jain Vs. Preeti Jain', filed by the respondenthusband, stands transferred from the Family Court, Ludhiana, to the Court of competent jurisdiction at Patiala. The requisite record of the aforesaid case be sent by the Family Court, Ludhiana, 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) 28.04.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.04.28 16:40 I agree to specified portions of this document P&HHC