Suman v. Sunil Kumar

TA-1434-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.243 TA-1434-2025 Date of Decision: 13.02.2026 SUMAN ....Applicant

Versus

SUNIL KUMAR .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Anu Garg, Advocate for the applicant.

Respondent proceeded against ex parte vide order dated 11.02.2026.

***** ARCHANA PURI, J. (Oral) The applicant-wife has filed the present application for seeking transfer of the petition under Section 9 of the Hindu Marriage Act i.e. HMA/840/2023 titled 'Sunil Kumar v/s Suman', filed by the respondent-husband, pending in the Family Court, Sirsa and she seeks transfer of the same to the Court of competent jurisdiction at Bhiwani.

In pursuance of notice issued, the respondent did not make appearance and was proceeded against ex parte .

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 09.06.2021. However, matrimonial dispute arose between the parties and as such, they are residing separate. The applicant is not having any source of earning. She has filed SONU 2026.02.17 09:56 I attest to the accuracy and authenticity of this document

TA-1434-2025 petition under Section 144 of Bharatiya Nagarik Suraksha Sanhita, which is pending in the courts at Bhiwani. Also, in the criminal case, relating to FIR No.31 dated 02.02.2024, the respondent is facing trial in the courts at Bhiwani. The distance between the two places is stated to be 150 kms. On query by the court, it is submitted that there is no child born from the broken marriage, though, it has not been mentioned in the application.

Keeping in view the submissions aforesaid, more particularly, about the applicant not having any source of earning and two other litigation already pending in the courts at Bhiwani and the criminal case, wherein the respondent is required to make appearance, on each and every date of hearing and above it, the applicant having not come forward, to resist the transfer application, the same is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/840/2023 titled 'Sunil Kumar v/s Suman', filed by the respondent-husband, stands transferred from the Family Court, Sirsa, to the Court of competent jurisdiction at Bhiwani. The requisite record of the aforesaid case be sent by the Family Court, Sirsa, 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) 13.02.2026 JUDGE Sonu Saini Whether speaking/reasoned :

Yes Whether reportable :

Yes/No SONU 2026.02.17 09:56 I attest to the accuracy and authenticity of this document