Arti v. Madan Mohan Soni

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.221 Date of Decision: 18.08.2025 ARTI GUPTA ....Applicant

Versus

MADAN MOHAN SONI .....Respondent

CORAM:

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

Respondent proceeded against ex parte vide order dated 05.08.2025.

***** ARCHANA PURI, J. (Oral) The applicant-wife has filed the present application for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. DMC/614/2024, titled 'Madan Mohan Soni Vs. Aarti Gupta', filed by the respondent-husband, pending in the Family Court, Patiala and she seeks transfer of the same to the Court of competent jurisdiction at SAS Nagar. Upon notice, the respondent did not make appearance, despite service and as such, was proceeded against ex parte. Counsel for the applicant heard.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 03.11.2016, but no child was born from the said wedlock. On account of the matrimonial dispute, the parties are residing separate. The applicant is living in a rented accommodation in Zirakpur and she is employed in the office of Advocate

General Punjab. The respondent is employed in a private company and posted at SAS Nagar. Furthermore, it is submitted that the petition udner Section 12 of the Protection of Women from Domestic Violence Act, filed by the applicant, is pending in the Courts at Derabassi and the respondent is making appearance in the same. Besides the same, she has also filed CRA106-2024, which is pending in the Courts at SAS Nagar. In the given circumstances, it is submitted that on account of her job exigencies, it is difficult for the applicant, to defend the divorce petition, which is pending in the Courts at Patiala.

In view of the submissions aforesaid, it is pertinent to mention that the respondent has not come forward to resist the application. The petition under the Protection of Women from Domestic Violence Act, filed by the applicant is pending in the Courts at Derabassi and the respondent is making appearance in the same. CRA-106-2024, as stated aforesaid, is also an offshoot of the petition under the Protection of Women from Domestic Violence Act.

In view of the aforesaid fact situation, considering the fact of other litigation already pending and also considering the exigencies of job of the applicant, who is working as 'Steno' in the office of Advocate General, Punjab, the transfer application is partly allowed and the petition under Section 13 of the Hindu Marriage Act i.e. DMC/614/2024, titled 'Madan Mohan Soni Vs. Aarti Gupta', filed by the respondent-husband, stands transferred from the Family Court, Patiala, to the Court of competent jurisdiction at Derabassi, District SAS Nagar. The requisite record of the aforesaid case be sent by the Family Court, Patiala, to the District and Sessions Judge, SAS Nagar.

Learned District and Sessions Judge, SAS Nagar, shall assign the said petition to the Family Court (Camp Court) Derabassi. Even, the parties are directed to appear before the Family Court (Camp Court) Derabassi, within a period of one month from today onwards. (ARCHANA PURI) 18.08.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No