Jyoti v. Parvesh Kumar

TA-1572-2023 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.105 TA-1572-2023 (O&M) Date of Decision: 24.09.2025 JYOTI ....Applicant

Versus

PARVESH KUMAR .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 15.09.2025, 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, titled 'Parvesh Kumar Vs. Jyoti', filed by the respondent-husband, pending in the Family Court, Jhajjar and she seeks transfer of the same to the Court of competent jurisdiction at Kanina, District Mahendergarh. It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 15.02.2017, but no child was born from the said wedlock. However, on account of the matrimonial dispute, the parties are residing separate. On query by this Court, it is Sonu 2025.09.25 15:51 I agree to specified portions of this document P&HHC

TA-1572-2023 (O&M) disclosed by the counsel that the applicant is not having any source of earning, as she is not working. In fact, it is submitted that the applicant has family responsibilities also. Moreover, the respondent is working as CT/GD in Sashastra Seema Bal and has a salary of Rs.50,000/- per month. The distance between the two places is stated to be 60 kilometres. As such, it is submitted that it is difficult for the applicant, to commute such a distance, to defend the divorce petition, filed by the respondent.

Considering the submissions aforesaid, taking into consideration the fact of the applicant having no source of earning and also 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, titled 'Parvesh Kumar Vs. Jyoti', filed by the respondent-husband, stands transferred from the Family Court, Jhajjar, to the Court of competent jurisdiction at Kanina, District Mahendergarh. The requisite record of the aforesaid case be sent by the Family Court, Jhajjar, to the District and Sessions Judge, Mahendergarh. Learned District and Sessions Judge, Mahendergarh, shall assign the said petition to the Family Court (Camp Court) Kanina.

Even, the parties are directed to appear before the Family Court (Camp Court) Kanina, within a period of one month from today onwards. Pending civil miscellaneous application also stands disposed of. (ARCHANA PURI) 24.09.

Yes Whether reportable :

Yes/No Sonu 2025.09.25 15:51 I agree to specified portions of this document P&HHC