Karamjit Kaur v. Ramesh Kumar

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.239 Date of Decision: 16.05.2025 KARAMJIT KAUR ....Applicant

Versus

RAMESH KUMAR .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 29.04.2025, despite service, the respondent did not make appearance on that date. 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. HMA/102/2024, titled 'Ramesh Kumar Vs. Karamjit Kaur', filed by the respondent-husband, pending in the Family Court (Camp Court) Sunam, District Sangrur and she seeks transfer of the same to the Court of competent

jurisdiction at Jalandhar.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place 21 years back. Three children were born from the said wedlock, who are in the age group of 16-20 years and they are in the care and custody of the respondent. On account of the matrimonial dispute, the parties are residing separate. The applicant is a home-maker and as such, has no source of earning. She has also filed the petition under Section 125 Cr.P.C., which is pending in the Courts at Jalandhar. However, the respondent did not pursue the same, despite service and as such, was proceeded against ex parte, in the said petition. The distance between the two places is about 190 kilometres.

In view of the submissions aforesaid, more particularly, considering the fact about the respondent having not come forward to resist the application, despite service having effected; considering the fact about the applicant not having any source of earning; and also considering the fact about the respondent having been proceeded against ex parte in the petition under Section 125 Cr.P.C., which is pending in the Courts at Jalandhar, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/102/2024, titled 'Ramesh Kumar Vs. Karamjit Kaur', filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Sunam, Distrsict Sangrur, to the Court of competent jurisdiction at Jalandhar.

The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Sunam, to the District and Sessions Judge, Jalandhar.

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

(ARCHANA PURI) 16.05.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No