Monika v. Jitender Singh And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.217 TA-1660-2024 Date of Decision: 30.04.2025 MONIKA ....Applicant

Versus

JITENDER SINGH & ANOTHER .....Respondents

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Himanshu Joshi, Advocate for the applicant. (Appeared through video conferencing) ***** ARCHANA PURI, J. (Oral) As observed in the previous order, none had made appearance on behalf of the respondents, despite service. Today also, none has made appearance on their behalf. As such, respondents are proceeded against ex parte.

The applicant/wife has filed the present application for seeking transfer of the petition under Section 13 (1) (i-a) & (i-b) of the Hindu Marriage Act i.e. HMA/425/2024 titled "Jitender Singh v/s Monika", filed by the respondent/husband, which is pending in Family Courts, Palwal and she seeks transfer of the same to the court of competent jurisdiction at Narnaul.

Counsel for the applicant heard.

It is submitted by the counsel for the applicant that the marriage between the parties was solemnized on 27.11.2020 and one son born from the said wedlock, aged about 2 1⁄2 years, is in the care and custody of the applicant. It is also submitted that the applicant has no source of earning Sonu 2025.05.01 14:19 I agree to specified portions of this document P&HHC

and as such, it is difficult for her to commute a distance of about 150 kms, to defend the divorce petition, from her place of residence, more particularly, when she is taking care of the minor child.

In view of the submissions aforesaid and also considering the preference generally given by the Courts to the convenience of wife in the transfer applications relating to the matrimonial disputes, more particularly, when the respondents have not come forward to resist the application, considering the fact about the applicant not having any source of earning and besides the same, also taking into consideration the fact that the applicant is taking care of the minor child, the transfer application is allowed and the petition under Section 13 (1) (i-a) & (i-b) of the Hindu Marriage Act i.e. HMA/425/2024 titled "Jitender Singh v/s Monika", filed by the respondent/husband, stands transferred from the Family Court, Palwal to the Court of competent jurisdiction at Narnaul. The requisite record of the aforesaid case be sent by the Family Court, Palwal to the District and Sessions Judge, Narnaul.

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

(ARCHANA PURI) 30.04.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.05.01 14:19 I agree to specified portions of this document P&HHC