Jyoti v. Sunny Kumar

TA-1436-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.124 TA-1436-2024 Date of Decision: 07.08.2025 JYOTI ....Applicant

Versus

SUNNY KUMAR .....Respondent

CORAM:

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

Respondent ex parte, vide order dated 31.07.2025. ***** ARCHANA PURI, J. (Oral) The applicant-wife has filed the present application for seeking transfer of the petition under Section 9 of the Hindu Marriage Act i.e. DMC/1077/2024 titled 'Sunny Kumar v/s Jyoti Rani', filed by the respondent-husband, pending in the Family Court, Bathinda and she seeks transfer of the same to the Court of competent jurisdiction at Nabha, District Patiala.

Upon notice, the respondent did not make appearance and was proceeded against ex parte.

Counsel for the applicant heard.

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 31.01.2022, but no child was born from the said wedlock. On account of the matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning and is totally dependant upon her parental Sonu 2025.08.08 16:18 I agree to specified portions of this document P&HHC

TA-1436-2024 family. The applicant has filed petition under Section 12 of the Protection of Women from Domestic Violence Act, at Nabha and the respondent did not make appearance in the same, despite service, having effected. The distance between Bathinda and Patiala, is stated to be about 140 kms. Consindering the mitigating circumstances aforesaid, more particularly, taking into consideration the fact of the respondent having not come forward to resist the transfer application, the same is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. DMC/1077/2024 titled 'Sunny Kumar v/s Jyoti Rani', filed by the respondent-husband, stands transferred from the Family Court, Bathinda to the Court of competent jurisdiction at Family Court (Camp Court) Nabha, District Patiala. The requisite record of the aforesaid case be sent by the Family Court, Bathinda to the District and Sessions Judge, Patiala.

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

(ARCHANA PURI) 07.08.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.08.08 16:18 I agree to specified portions of this document P&HHC