Smt Kajal v. Suraj Kumar Singh Tanwar

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.241 Date of Decision: 16.05.2025 SMT KAJAL ....Applicant

Versus

SURAJ KUMAR SINGH TANWAR .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Geeta Rani, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 27.03.2025, 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. DMC/423/2024 titled "Suraj Kumar Singh Tanwar v/s Kajal", filed by the respondent/husband, which is pending in the courts at Hisar and she seeks transfer of the same to the court of competent jurisdiction at Bhiwani. It is submitted by the counsel for the applicant that the marriage between the parties was solemnized on 25.11.2020 and one daughter born from the said wedlock, is in the care and custody of the applicant. On

account of matrimonial dispute, the parties are residing separate. The applicant has filed petition under Section 125 Cr.P.C., as well as complaint under Section 12, 18, 19, 20, 22, which are pending in the courts at Bhiwani and the respondent is pursuing the said cases. It is also submitted that the applicant is not having any source of earning and is dependant upon her parental family. Considering the same, a prayer for transfer of the divorce petition has been made.

In view of the submissions made aforesaid and taking into consideration the aforesaid mitigating circumstances, as well as considering the fact of other two litigation already pending in the courts at Bhiwani, which are being pursued by the respondent and also taking into consideration the fact that the respondent has 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/423/2024 titled "Suraj Kumar Singh Tanwar v/s Kajal", filed by the respondent/husband, stands transferred from the Family Court, Hisar, to the Court of competent jurisdiction at Bhiwani. The requisite record of the aforesaid case be sent by the Family Court, Hisar, to the District and Sessions Judge, Bhiwani.

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

(ARCHANA PURI) 16.05.2025 JUDGE Whether speaking/reasoned :

Yes Whether reportable :

Yes/No