Vanshika v. Sagar Rishi Raj

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.116 Date of Decision: 16.05.2025 VANSHIKA ....Applicant

Versus

SAGAR RISHI RAJ .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Nandini Gupta, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 24.04.2025, 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 9 of the Hindu Marriage Act i.e. HMA/41/2024 titled "Sagar Rishi Raj v/s Vanshika", filed by the respondent/husband, which is pending in the courts at Dasuya, District Hoshiarpur and she seeks transfer of the same to the court of competent jurisdiction at Jalandhar.

It is submitted by the counsel for the applicant that the marriage between the parties was solemnized on 22.10.2023, but no child was born from the said wedlock. On account of matrimonial dispute, the parties are

residing separate. Also, it is submitted that the applicant is working as Guest Lecturer in Jalandhar, but however, on account of constrained circumstances created at the instance of the respondent, who had attacked the parental house of the applicant on 27.12.2023, she apprehends danger to her life, if she pursues the petition under Section 9 of Hindu Marriage Act, pending in the courts at Dasuya, District Hoshiarpur. It is further submitted that the applicant has filed police complaint before Women Cell, Jalandhar. Her statement was tampered, with regard to her inclination for compromise. Relating to the same, she has further filed complaint before Human Rights Commission on 29.05.2025 as well as Director General of Police, but no action was taken, specicifically qua tampering of the statement.

However, FIR was got registered under Section 498-A IPC, copy whereof is Annexure P-3. Besides the same, it is also submitted that the complaint under Section 12 of Protection of Women from Domestic Violence Act, filed at her instance, is pending in the courts at Jalandhar. In the given circumstances, it is submitted that it is difficult for the applicant to defend the petition under Section 9 of Hindu Marriage Act, which is at a distance of about 60 kms fro her place of residence.

Considering the aforesaid circumstances and considering the steps intiated at the instance of the applicant, with regard to the attack at the instance of the respondent at her parental family and no action being taken and also taking into consideration the two litigation already pending in the courts at Jalandhar, more particularly, when the respondent has 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/41/2024 titled "Sagar Rishi Raj v/s Vanshika", filed by the respondent/husband, stands transferred from the Family Court, Dasuya, District Hoshiarpur to the Court

of competent jurisdiction at Jalandhar. The requisite record of the aforesaid case be sent by the Family Court, Dasuya, 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) 16.05.2025 JUDGE Whether speaking/reasoned :

Yes Whether reportable :

Yes/No