Annu v. Chanderkant

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.208 Date of Decision: 12.12.2025 ANNU ....Applicant

Versus

CHANDERKANT .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As observed in the previous order, despite service, the respondent did not make appearance, on that date. Even today, he has not made appearance. As such, 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 12 and 13 of the Hindu Marriage Act i.e. DMC/247/2025, titled 'Chanderkant v/s Annu, filed by the respondenthusband, pending in the Family Court, Rewari and she seeks transfer of the same to the Court of competent jurisdiction at Jhajjar. 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 27.11.2023, but no child was born from the said wedlock. However, on

account of matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning and is dependent upon her parental family. However, at present, she is preparing for B.Ed examinations. Furthermore, it is submitted that the applicant has filed maintenance petition, which is pending in the courts at Jhajjar. She has also filed complaint under Section 406, 498-A IPC, before the Police Authorities at Jhajjar. The distance between the two places is stated to be about 55 kms. While adjudicating on the transfer application, relating to the matrimonial dispute, various circumstances spelt out from the material brought on record ought to be taken into consideration. No straitjacket formula is applicable to all the situations, relating to the transfer application.

Each case has to be decided in its own factual background. In the case in hand, the applicant is well educated lady. She is pursuing the B.Ed at present. There is no child born from the wedlock of the parties. Considering the aforesaid and also considering the distance between the two places to be not such, which refrains the applicant from pursuing the litigation, which is pending in the courts at Rewari, more particularly, when there is good transport connectivity between the two places, this court does not deem it appropriate to allow the transfer application.

Hence, the transfer application is hereby dismissed. (ARCHANA PURI) 12.12.2025 JUDGE Sonu Saini Whether speaking/reasoned :

Yes

Whether reportable :

Yes/No