Mehak v. Raghav Walyat

TA-1540-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.277 TA-1540-2023 Date of Decision: 09.12.2024 MEHAK ....Applicant

Versus

RAGHAV WALYAT .....Respondent

CORAM:

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

Mr. Tarun Kumar Sharma, Advocate for the respondent.

***** ARCHANA PURI, J. (Oral) CM-22575-CII-2023 Keeping in view the averments made in the application, same is allowed.

Main case The applicant-wife has filed the present application for seeking transfer of the petition under Section 9 of the Hindu Marriage Act i.e. HMA/1869/2023, titled 'Raghav Walyat Vs. Mehak', filed by the respondent-husband, pending in the Family Court, Ludhiana and she seeks transfer of the same to the Court of competent jurisdiction at Jalandhar. In pursuance of the notice issued, respondent made appearance through counsel. At this stage, the counsel for the respondent submits that he does not intend to file reply to the application and does not contest the MAMTA 2024.12.10 13:25 I attest to the accuracy and integrity of this order/judgment

TA-1540-2023 same. He further submits that the respondent has no objection, if the petition under Section 9 of the Hindu Marriage Act, is transferred from Ludhiana to Jalandhar.

Learned counsel for the parties heard.

It is submitted by the counsel for the applicant that there was one complaint filed by the applicant before Commissioner of Police, Jalandhar and on the basis thereof, as disclosed by the counsel for the applicant, FIR has been registered, which is still under investigation. Also, it is submitted that the applicant is not working and has no independent source of earning.

Considering the aforesaid fact situation and taking into consideration the convenience of wife, in transfer applications relating to the matrimonial dispute, the application is accepted and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/1869/2023, titled 'Raghav Walyat Vs. Mehak', filed by the respondent-husband, stands transferred from the Family Court, Ludhiana, to the Court of competent jurisdiction at Jalandhar. The requisite record of the aforesaid case be sent by the Family Court, Ludhiana, 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) 09.12.2024 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No MAMTA 2024.12.10 13:25 I attest to the accuracy and integrity of this order/judgment