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High Court of Punjab and HaryanaTA/1366/2025allowed

Shabnam v. Ravinder

2026-02-17Mrs. Justice Archana Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.236 Date of Decision: 17.02.2026 SHABNAM ....Applicant

Versus

RAVINDER .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As observed in the previous order, despite service, the respondent did not make appearance, on that date. Even today, he has not made appearance. As such, 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 281 of Muslim Women Act i.e. DMC/1016/2024 titled 'Ravinder v/s Shabnam', filed by the respondenthusband, pending in the Family Court, Hisar and she seeks transfer of the same to the Court of competent jurisdiction at Panipat. At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on

06.03.2022 and one daughter was born from the said wedlock on 16.10.2023, who is in the care and custody of the applicant. Unfortunately, the matrimonial dispute arose between the parties. The applicant is not having any source of earning and is dependent upon her parental family. She has got lodged an FIR No.21 dated 08.04.2024 under Sections 323, 498-A, 506 and 34 IPC, wherein challan has been presented and the respondent is facing trial in the same. Even, she has filed the petition under Section 125 Cr.P.C., as well as the complaint under the Protection of Women from Domestic Violence Act, which are pending in the Courts at Panipat and the respondent is pursuing both the said cases. The distance between the two places is stated to be about 160 kms.

In view of the aforesaid fact situation and taking into consideration the fact of the applicant taking care of a toddler, while herself is not having any source of earning, fact of two cases arising from the matrimonial dispute, already pending in the Courts at Panipat, which are pursued by the respondent, more particularly, the criminal case, wherein he is required to make appearance on each and every date of hearing as well as considering the fact of the respondent, not having come forward to resist the transfer application, the same is allowed and the petition under Section 281 of Muslim Women Act i.e. DMC/1016/2024 titled 'Ravinder v/s Shabnam', filed by the respondent-husband, stands transferred from the Family Court, Hisar, to the Court of competent jurisdiction at Panipat. The requisite record of the aforesaid case be sent by the Family Court, Hisar, 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) 17.02.2026 JUDGE Sonu Saini Whether speaking/reasoned :

Yes Whether reportable :

Yes/No