Sneh Lata Alias Snehlata v. Munish Alias Manish And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.113 Date of Decision: 21.05.2025 SNEH LATA ALIAS SNEHLATA ....Applicant

Versus

MUNISH ALIAS MANISH AND ANOTHER .....Respondents

CORAM:

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

Respondents proceeded against ex parte vide order dated 30.04.2025.

***** ARCHANA PURI, J. (Oral) The applicant has filed the present application for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. DMC/30/2024, titled 'Munish alias Manish Vs. Sneh Lata and another', filed by respondent No.1, pending in the Family Court, Panipat and she seeks transfer of the same to the Court of competent jurisdiction at Hisar. Upon notice, the respondents did not make appearance, despite service and as such, was proceeded against ex parte, vide order dated 30.04.2025.

The counsel for the applicant heard.

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 25.11.2020, but no child was born from the said wedlock. The applicant is partially deaf and dumb and she only understands through sign language. On account of the matrimonial dispute, the parties are residing separate. The

applicant had already got lodged an FIR bearing No.958 dated 24.11.2021, under Sections 323, 406, 498-A, 506 and 34 of IPC, at Police Station Barwala, District Hisar and respondent No.1 is facing trial, relating to the said FIR in the Courts at Hisar. Also, the applicant had filed the petition under Section 12 of the Protection of Women from Domestic Violence Act, bearing No.244/2022, as well as the petition under Section 125 Cr.P.C., which are pending in the Courts at Hisar and respondent No.1 is pursuing the said cases.

On query by this Court, it is submitted by the counsel for the applicant that the applicant is a home-maker and as such, has no source of earning. In the given circumstances and also considering the physical disability of the applicant, it is difficult for her to commute a distance of about 175 kilometres, to defend the divorce petition. In view of the submissions aforesaid, it is pertinent to mention that though, it is asserted about the applicant to be deaf and dumb, but no disability certificate, as such, has come on record. However, the counsel submits that the applicant suffers from this disability since birth.

In view of the aforesaid fact situation and taking into consideration the fact of the applicant not having any source of earning; considering the fact of three cases arising from the matrimonial dispute, already pending in the Courts at Hisar, which are being pursued by respondent No.1; and also considering the distance between the two places, it is just and expedient to accept the application. Hence, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. DMC/30/2024, titled 'Munish alias Manish Vs. Sneh Lata and another', filed by respondent No.

Court, Panipat, to the Court of competent jurisdiction at Hisar. The requisite record of the aforesaid case be sent by the Family Court, Panipat, to the District and Sessions Judge, Hisar.

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

(ARCHANA PURI) 21.05.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No