Ekta Maggon v. Nimish Manocha

TA-1639-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.112 TA-1639-2024 Date of Decision: 19.08.2025 EKTA MAGGON ....Applicant

Versus

NIMISH MANOCHA .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) Perusal of the paperbook reveals that on the last date of hearing, despite service, the respondent did not make appearance. Even today, he has not made appearance. As such, the respondent is proceeded against ex parte.

The 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/1371/2022 titled 'Nimiah Manocha v/s Ekta Maggon', filed by the respondent-husband, pending in the Family Court, Karnal and she seeks transfer of the same to the Court of competent jurisdiction at Faridabad. At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties, had taken place on 15.04.2019 and one son born from the said wedlock, who is about 5 years old is in the care and custody of the applicant. The minor son is enrolled in a Sonu 2025.08.20 16:30 I agree to specified portions of this document P&HHC

TA-1639-2024 school in Faridbad. In the given circumstances, it is difficult for the applicant to commute a distance of about 180 kms, to defend the petition under Section 13 of Hindu Marriage Act.

On query, it is disclosed that the applicant is not working and is dependant upon her parental family.

Considering the aforesaid mitigating circumstances and the fact that the applicant is not having any source of earning and is taking care of the minor son, who is school going, as well as the respondent has not 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/1371/2022 titled 'Nimiah Manocha v/s Ekta Maggon', filed by the respondent-husband, stands transferred from the Family Court, Karnal, to the Court of competent jurisdiction at Faridabad. The requisite record of the aforesaid case be sent by the Family Court, Karnal, to the District and Sessions Judge, Faridabad. Learned District and Sessions Judge, Faridabad, shall assign the said petition to the Family Court, Faridabad. Even, the parties are directed to appear before the Family Court, Faridabad, within a period of one month from today onwards.

(ARCHANA PURI) 19.08.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.08.20 16:30 I agree to specified portions of this document P&HHC