Varsha v. Rohit

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.237 Date of Decision: 07.04.2026 VARSHA ....Applicant

Versus

ROHIT .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 16.01.2026, despite service, the respondent did not make appearance on that date. Even on the subsequent date, none had appeared. Today also, none has 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. DMC/750/2025, titled 'Rohit Vs. Varsha', filed by the respondent-husband,

pending in the Family Court, Hisar 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 08.02.2019. However, on account of the matrimonial dispute, the parties are residing separate. Two daughters were born from this broken marriage, who are in the age-group of 4-6 years, are in the care and custody of the applicant. Also, it is submitted that the applicant is 12th pass and she is not having any source of earning. Her father is working as a 'Peon' at Municipal Committee, Cheeka, District Kaithal. The distance between the two places is about 124 kms. Also, counsel submits that after filing of the transfer application, the applicant has filed the maintenance petition, which is pending in the Courts at Kaithal.

In view of the aforesaid fact situation, more particularly, taking into consideration the applicant to be taking care of two daughters born from the estranged marriage, while she herself is not having any source of earning 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. DMC/750/2025, titled 'Rohit Vs. Varsha', filed by the respondent-husband, stands transferred from the Family Court, Hisar, to the Court of competent jurisdiction at Kaithal. The requisite record of the aforesaid case be sent by the Family Court, Hisar, 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) 07.04.2026 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No