Bharti v. Vinod Kumar Alias Manoj

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.208 Date of Decision: 05.08.2025 BHARTI ....Applicant

Versus

VINOD KUMAR ALIAS MANOJ .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per observations made in the order dated 29.04.2025, none had made appearance on behalf of the respondent, despite service, on that date. Even today, none has made appearance on his behalf. 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 Act i.e. DMC/337/2024, titled 'Vinod Kumar Vs. Bharti', filed by the respondent-

husband, pending in the Family Court, Rohtak and she seeks transfer of the same to the Court of competent jurisdiction at Panipat. Marriage of the parties is stated to have taken place on 15.12.2021. However, on query by this Court, it is submitted by the counsel that 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. She had got lodged an FIR bearing No.299 dated 14.09.2024, under Sections 323, 34, 406, 498-A and 506 IPC, at Police Station Model town, Panipat and the respondent is facing trial, relating to the same, in the Courts at Panipat. The case is fixed for PWs.

Besides the same, petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which is pending in the Courts at Panipat, is at appearance stage. Also, she has filed the petition under the Protection of Women from Domestic Violence Act, which is also pending in the Courts at Panipat and the respondent is making appearance in the same. The distance between the two places is stated to be 80 kilometres.

In view of the aforesaid mitigating circumstances, more particularly, when the respondent has not come forward to resist the application, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. DMC/337/2024, titled 'Vinod Kumar Vs. Bharti', filed by the respondent-husband, stands transferred from the Family Court, Rohtak, to the Court of competent jurisdiction at Panipat. The

requisite record of the aforesaid case be sent by the Family Court, Rohtak, to the District and Sessions Judge, Panipat.

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

(ARCHANA PURI) 05.08.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No