Vandana v. Sanjay Kumar And Another

TA-1617-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.212 TA-1617-2024 Date of Decision: 04.08.2025 VANDANA ....Applicant

Versus

SANJAY KUMAR AND ANOTHER .....Respondents

CORAM:

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

Respondent No.1 (sole contesting respondent), proceeded against ex parte, vide order dated 30.04.2025. ***** ARCHANA PURI, J. (Oral) The applicant-wife has filed the present application for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. HMA/207/2023, titled 'Sanjay Kumar Vs. Vandana', filed by the respondent-husband, pending in the Family Court, Sangrur and she seeks transfer of the same to the Court of competent jurisdiction at Ludhiana. Upon notice, the respondent did not make appearance, despite service and as such, was proceeded against ex parte. The counsel for the applicant heard.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 16.02.2021. One son born from the said wedlock, who is about 4 years old, is in the care and custody of the applicant. The applicant is not having any source of earning and as such, is dependent upon her parental family. Even, she had filed the petition under Section 125 Cr.P.C., which was adjudicated by the Court and the Anu 2025.08.05 10:41 I attest to the accuracy and authenticity of this document Chandigarh

TA-1617-2024 respondent has not paid any maintenance to the applicant, as a result whereof, she was constrained to file execution to seek recovery of arrears of maintenance, which is pending in the Courts at Ludhiana. The distance between the two places is about 80 kilometres. In the given circumstances, it is submitted that it is difficult for the applicant, to defend the divorce petition.

Considering the aforesaid mitigating circumstances and also considering the fact of the respondent having not come forward to resist the application, more particularly, when the applicant is not having any source of earning and is taking care of minor son and also considering the fact that the respondent has not cleared the arrears of maintenance, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/207/2023, titled 'Sanjay Kumar Vs. Vandana', filed by the respondent-husband, stands transferred from the Family Court, Sangrur, to the Court of competent jurisdiction at Ludhiana. The requisite record of the aforesaid case be sent by the Family Court, Sangrur, to the District and Sessions Judge, Ludhiana.

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

(ARCHANA PURI) 04.08.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Anu 2025.08.05 10:41 I attest to the accuracy and authenticity of this document Chandigarh