Puja Rani @ Pooja Rani v. Rahul Gupta

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.109 Date of Decision: 14.05.2025 PUJA RANI @ POOJA RANI ....Applicant

Versus

RAHUL GUPTA .....Respondent

CORAM:

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

Mr. Nirmaljeet Singh Sidhu, Advocate for the respondent.

***** ARCHANA PURI, J. (Oral) Reply has not been filed. Adjournment sought. However, perusal of the paperbook reveals that on 10.12.2024, last opportunity was given to the respondent, to file reply, within a period of four weeks thereafter. However, the same was not filed. On the subsequent date i.e. 25.03.2025, the counsel for the respondent has made a submission that he shall not be filing reply and shall be making submissions. However, today again, an adjournment is sought to file reply. In the given circumstances, there is no necessity to further adjourn the matter, to facilitate the respondent to file reply. Hence, no such

further opportunity is given.

The counsel for the parties heard.

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/1418/2023, titled 'Rahul Gupta Vs. Pooja 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 Mansa. It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 27.04.2009. One daughter born from the said wedlock, who is about 7 years old, is in the care and custody of the applicant. Also, it is submitted that even though the applicant is working as a Teacher in Government School at Village Jhunir, District Mansa, but however, it is difficult for her to pursue the aforesaid petition, as she is in government job and her daughter is taken care of by her parental family.

In view of the submissions aforesaid, it is pertinent to mention that the respondent has not filed reply, for the reasons best known to him. Considering the same and taking into consideration the distance between the two places to be 60 kilometres and also considering the fact of the applicant taking care of minor daughter, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. DMC/1418/2023, titled 'Rahul Gupta Vs. Pooja Rani', filed by the respondent-husband, stands transferred from the Family Court, Bathinda, to the Court of competent jurisdiction at Mansa. The requisite record of the aforesaid case be sent by the Family Court, Bathinda, to the District and Sessions Judge, Mansa.

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

(ARCHANA PURI) 14.05.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No