Sita Rani v. Vir Bhan

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.211 Date of Decision: 12.02.2026 SITA RANI ....Applicant

Versus

VIR BHAN .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 05.02.2026, 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 9 of the Hindu Marriage Act i.e. HMA/380/2024, titled 'Vir Bhan Vs. Sita Rani', filed by the respondenthusband, pending in the Family Court (Camp Court) Tohana, District

Fatehabad and she seeks transfer of the same to the Court of competent jurisdiction at Hisar.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 01.11.2020, but no child was born from the said wedlock. However, on account of the matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning. She has filed the petition under the Protection of Women from Domestic Violence Act, as well as the petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which are pending in the Courts at Hisar and the respondent is making appearance in both the said cases. The distance between the Courts at Tohana and the residence of the applicant, is stated to be about 100 kms.

Considering the aforesaid submissions, more particularly, taking into consideration the fact about the applicant, not having any source of earning; fact of two cases, arising from the broken marriage, already pending in the Courts at Hisar, which are pursued by the respondent and above it, considering the fact about the respondent having not come forward to resist the application, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/380/2024, titled 'Vir Bhan Vs. Sita Rani', filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Tohana, District Fatehabad, to the Court of competent jurisdiction at Hisar. The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Tohana, to the District and Sessions Judge, Hisar.

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

(ARCHANA PURI) 12.02.2026 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No