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High Court of Punjab and HaryanaTA/1430/2025allowed

Pooja v. Rohit

2026-02-20Mrs. Justice Archana Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.108 Date of Decision: 20.02.2026 POOJA ....Applicant

Versus

ROHIT .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) CM-22420-CII-2025 Keeping in view the averments made in the application, same is allowed.

Main case As per the observations made in the order dated 08.01.2026, 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 13 of the Hindu Marriage Act i.e. HMA/500/2025, titled 'Rohit Vs. Pooja', filed by the respondent-husband, pending in the Family Court (Camp Court) Bahadurgarh, District Jhajjar and

she seeks transfer of the same to the Court of competent jurisdiction at Bhiwani.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 04.12.2023, but 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 and as such, she is dependent upon her parental family. Even, she has filed the petition for seeking maintenance i.e. MNT/74/2024, as well as the complaint under the Protection of Women from Domestic Violence Act i.e. COMA/236/2024, which are pending in the Courts at Bhiwani and the respondent is making appearance in both the aforesaid cases. The distance between two places, where the divorce petition is pending and where it is sought to be transferred, is about 100 kms.

In view of the submissions aforesaid, more particularly, taking into consideration the fact of the applicant, not having any source of earning; two other litigations, arising from the broken marriage, already pending in the Courts at Bhiwani, which are being 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 13 of the Hindu Marriage Act i.e. HMA/500/2025, titled 'Rohit Vs. Pooja', filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Bahadurgarh, District Jhajjar, to the Court of competent jurisdiction at Bhiwani. The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Bahadurgarh, to the District and Sessions Judge, Bhiwani.

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

(ARCHANA PURI) 20.02.2026 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No