Dr Urvashi Chahal v. Pardeep Kajal

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.114 Date of Decision: 06.08.2025 DR URVASHI CHAHAL ....Applicant

Versus

DR PARDEEP KAJAL .....Respondent

CORAM:

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

Mr. Reetesh Kumar, 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 i.e. DMC/726/2023 titled 'Dr. Pradeep Kajal v/s Dr. Urvashi Chahal', 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 Panchkula. Upon notice, the respondent made appearance through counsel and filed the reply.

Counsel for the parties heard.

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 31.03.2012 and one daughter born from the said wedlock, who is about 12 years old, is in the care and custody of the applicant. She is studying in GenNext Smart School, Sector 27, Panchkula. The applicant has filed petition under Section 125 Cr.P.C., thereby seeking maintenance and the

respondent is pursuing the said petition. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 250 kms to defend the divorce petition.

On the other hand, counsel for the respondent while making reference to the reply, submits that due to the pressing need of job profession, the respondent, who is working as Paediatric Surgeon at PGI, Rohtak, is also unable to pursue the divorce petition, if so transferred. It is submitted by the counsel that the duties of the respondent are quite heavy. The respondent is required to do OPD thrice a week and also conduct surgeries. Considering the same, it is extremely difficult for him to pursue the case at Panchkula, if so transferred.

Considering the averments aforesaid, it is pertinent to mention that the applicant as well as respondent, are doctors by profession. On query by the court, counsel for the applicant had disclosed that the applicant is employed in a Civil Hospital, Sector 6, Panchkula. Both the applicant as well as respondent are carrying the profession, which is very demanding. However, besides the same also, it has to be taken into consideration that the girl child born from the wedlock of the parties, who is 12 years old, is in the care and custody of the applicant. Considering this weighing factor and also taking into consideration the distance between the two places to be about 250 kms, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. DMC/726/2023 titled 'Dr. Pradeep Kajal v/s Dr.

Urvashi Chahal', filed by the respondent-husband, stands transferred from the Family Court, Rohtak to the Court of competent jurisdiction at Panchkula. The requisite record of the aforesaid case be sent by the Family Court, Rohtak to the District and Sessions Judge, Panchkula.

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

However, considering the exigencies of the job of the respondent also, he always has an option to file an application for making appearance through virtual mode and as and when any such application is filed, learned Trial Court, shall consider the same in the fitness of the circumstances and pass an appropriate order upon the same. Also, the court concerned shall make an endeavour to adjourn all the cases, for one and the same date, for the convenience of the parties concerned.

(ARCHANA PURI) 06.08.2025 JUDGE Whether speaking/reasoned :

Yes Whether reportable :

Yes/No