Krishna Rani v. Vinod

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.108 Date of Decision: 12.09.2025 KRISHNA RANI ....Applicant

Versus

VINOD .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Pearl Narang, Advocate for Mr. Ravinder Kumar, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) Perusal of the paperbook reveals that even though, the respondent had made appearance through counsel, at first instance and filed Power of Attorney, but however, thereafter, off and on, none had appeared on his behalf. Even, on the last date of hearing, none had appeared on his behalf. Today also, none has appeared. As such, the 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 9 of the Hindu Marriage Act i.e. HMA/543/2023, titled 'Vinod Vs. Krishna Rani', filed by the respondent-

husband, pending in the Family Court, Jind and she seeks transfer of the same to the Court of competent jurisdiction at Kaithal. It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 07.05.2019. One son born from the said wedlock, who is about 4 years old, is in the care and custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning. Even, she has filed the petition under Section 125 Cr.P.C. i.e. MNT/215/2023, which is pending in the Courts at Kaithal and the respondent is already making appearance in the same. Besides the same, the respondent is facing trial in the Courts at Kaithal, relating to FIR bearing No.8 dated 26.01.2024, under Sections 323, 406, 498-A, 506 and 34 IPC, got lodged by the applicant at Women Police Station, Kaithal. The distance between the two places is stated to be about 80 kilometres.

Considering the aforesaid mitigating circumstances, more particularly, considering the fact about the applicant taking care of the minor child, while herself having no source of earning and also considering the fact about the respondent having not come forward to resist the application, even though, he had made appearance, at first instance, through counsel, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/543/2023, titled 'Vinod Vs. Krishna Rani', filed by the respondent-husband, stands transferred from the Family Court, Jind, to the Court of competent jurisdiction at Kaithal. The requisite record of the aforesaid case be sent by the Family Court, Jind, to the District and Sessions Judge, Kaithal.

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

(ARCHANA PURI) 12.09.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No