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High Court of Punjab and HaryanaTA/1174/2025allowed

Anu v. Jaswinder Kumar

2026-01-15Mrs. Justice Archana Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.221 Date of Decision: 15.01.2026 ANU ....Applicant

Versus

JASWINDER KUMAR .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Kritika Mandhan, Advocate for Mr. K.S. Dhanora, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 18.11.2025, 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.

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/438/2024, titled 'Jaswinder Kumar Vs. Anu', filed by the respondenthusband, pending in the Family Court (Camp Court) Guhla, District Kaithal and she seeks transfer of the same to the Court of competent jurisdiction at Kurukshetra.

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

08.12.2021, but no child was born from the said wedlock. On account of the matrimonial dispute, the parties are residing separate. The applicant is pursuing M.A. (English), from Kurukshetra University and she is not having any source of earning. Even, she has filed the maintenance petition, which is pending in the Courts at Kurukshetra and the respondent is making appearance in the same. Also, the respondent is facing trial in the Courts at Kurukshetra, relating to FIR bearing No.69 dated 29.09.2022, got lodged by the applicant at Women Police Station, Kurukshetra. Besides the same, there is the petition under Section 12 of the Protection of Women from Domestic Violence Act, which is filed at the instance of the applicant and the same is also pending in the Courts at Kurukshetra, but however, the counsel submits that she is not aware about status of the same. The distance between the two places is stated to be about 60 kms.

Considering the submissions aforesaid, taking into consideration the fact of three other litigations, already pending in the Courts at Kurukshetra, more particularly, the criminal case, wherein the respondent is required to make appearance, on each and every date of hearing and above it, considering the fact about the respondent having not come forward to resist the application, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/438/2024, titled 'Jaswinder Kumar Vs. Anu', filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Guhla, District Kaithal, to the Court of competent jurisdiction at Kurukshetra. The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Guhla, to the District and Sessions Judge, Kurukshetra.

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

(ARCHANA PURI) 15.01.2026 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No