Tanu Nanda v. Joginder Nanda

TA-1479-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.253 TA-1479-2022 Date of Decision: 18.08.2025 TANU NANDA ....Applicant

Versus

JOGINDER NANDA .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Applicant-in-person, along with Mr. Pankaj Bali, Advocate.

None for the respondent.

***** ARCHANA PURI, J. (Oral) Perusal of the paperbook reveals that vide order dated 21.04.2025, the respondent had made appearance in person and sought time to file reply. Thereafter, he had not made 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 petition under Section 13 of the Hindu Marriage Act i.e. DMC/271/2022 titled 'Joginder Nanda v/s Tanu Nanda', filed by the respondent-husband, pending in the Family Court, Sonepat and she seeks transfer of the same to the Court of competent jurisdiction at Karnal. 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 14.02.2009, but no child was born from the said wedlock. The applicant is stated to be residing at her matrimonial home in Karnal and the respondent Sonu 2025.08.19 09:56 I agree to specified portions of this document P&HHC

TA-1479-2022 has erroneously filed the petition for divorce at Sonepat. It is further submitted that the applicant is not in a position to contest the case, pending at Sonepat. The distance between the two places is stated to be 85 kms. In view of the aforesaid submissions, it is pertinent to mention that generally the courts lean towards the convenience of wife, while considering the transfer application, relating to the matrimonial disputes, but however, the same is not the thumb rule. Various other circumstances, spelt out from the material coming on record, ought to be taken into consideration.

On query by the court, it is submitted by the counsel for the applicant that the applicant is working as Fine Arts Teacher at Sri Ram Global School, Karnal and she is drawing salary of Rs.31,000/- per month. The applicant, who is present before the court, seemingly, is quite confident. She is well educated and was able to answer the query, which was put up by the court. Given the same, it is pertinent to mention that both the places are existing at G.T.Road and there is no other litigation arising from the matrimonial dispute and there is also no child born from the wedlock of the parties.

Considering all the aforesaid circumstances, no case is made out for transfer of the case. Hence, the transfer application is hereby dismissed. (ARCHANA PURI) 18.08.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.08.19 09:56 I agree to specified portions of this document P&HHC