Reetu Bala v. Ankush Juneja

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.214 Date of Decision: 05.05.2025 REETU BALA ....Applicant

Versus

ANKUSH JUNEJA .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. K.R.Dhawan, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) As observed in the previous order, none had made appearance on behalf of the respondent, despite service. Even today, none has made appearance on behalf of the respondent. As such, the respondent is proceeded against ex parte.

The applicant/wife has filed the present application for seeking transfer of the petition under Section 9 of the Hindu Marriage Act i.e. DMC/221/2024 titled "Ankush Juneja v/s Reetu Bala", filed by the respondent/husband, which is pending in the courts at Fazilka and she seeks transfer of the same to the court of competent jurisdiction at Zira, District Ferozepur.

Counsel for the applicant heard.

At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties was solemnized on 15.06.2019 and one son born from the said wedlock, who is about 5 years old, is in the care and custody of the applicant. Even though, the applicant is is working as a Teacher in Government Middle School, Jodha Nagri, District Amritsar, but however, she had already filed two cases i.e. petition under Section 125 Cr.P.C. and petition under Section 13 of Hindu Marriage Act, against the respondent, which are pending in the courts at Zira, District Ferozepur. The respondent is making appearance in the petition under Section 125 Cr.P.C. The distance between Fazilka and Zira is about 235 kms.

As such, a prayer has been made for transfer of the petition under Section 9 of Hindu Marriage Act, from Fazilka to Zira, District Ferozepur. In view of the aforesaid fact situation and also considering the fact that generally the courts give preference to the convenience of the wife in the transfer applications relating to the matrimonial disputes, more particularly, when the respondent has not come forward to resist the application and also considering the fact of the applicant taking care of the minor child and two cases already pending in the courts at Zira, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e.

DMC/221/2024 titled "Ankush Juneja v/s Reetu Bala", filed by the respondent/husband, stands transferred from the Family Court, Fazilka to the Court of competent jurisdiction at Zira, District Ferozepur. The requisite record of the aforesaid case be sent by the Family Court, Fazilka to the District and Sessions Judge, Ferozepur.

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

(ARCHANA PURI) 05.05.2025 JUDGE Whether speaking/reasoned :

Yes Whether reportable :

Yes/No