Shivani v. Vinit

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.203 Date of Decision: 16.03.2026 SHIVANI ....Applicant

Versus

VINIT .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As observed in the previous order, despite service, respondent had not made appearance. Even today, there is no representation on behalf of the respondent. As such, the respondent is hereby 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/2424/2025, titled 'Vinit Vs. Shivani', filed by the respondent-husband,

pending in the Family Court, Ludhiana and she seeks transfer of the same to the Court of competent jurisdiction at Ambala. It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 05.12.2020 and one girl child born from the said wedlock, who is about 31⁄2 years old, is in the care and custody of the applicant. On account of matrimonial dispute, the parties are residing separate and the applicant, together with her daughter, is residing at her parental place. The applicant is not having any source of earning. Moreover, she is a handicapped woman and in this regard, counsel for the applicant has filed a 'certificate for the persons with disabilities', copy whereof is Annexure P-2, which reveals about the applicant to be having 30% locomotor disability. The distance between the two places is stated to be about 120 kilometres.

In view of the submissions aforesaid, more particularly, considering the fact of the applicant, taking care of the minor daughter, who is about 31⁄2 years old and also, about the applicant herself to be physically handicapped as well as considering the distance between the two places and above it, the respondent not having come forward to resist the transfer application, the same is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/2424/2025, titled 'Vinit Vs. Shivani', filed by the respondent-husband, stands transferred from the Family Court, Ludhiana, to the Court of competent jurisdiction at Ambala. The requisite record of the aforesaid case be sent by the Family Court, Ludhiana, to the District and Sessions Judge, Ambala.

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

(ARCHANA PURI) 16.03.2026 JUDGE Preeti S.

Whether speaking/reasoned :

Yes Whether reportable :

Yes/No