Bharti v. Rohit

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH TA-1458-2025 (O&M) Date of Decision: February 25, 2026 Bharti ...Applicant

Versus

Rohit

...Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI

Present:

Mr.Sunil Kumar, Advocate for the applicant.

None for the respondent.

**** ARCHANA PURI, J.

As observed in the previous order, despite service, the respondent did not make appearance on that day. Even today, none has appeared on behalf of the respondent. As such, the respondent is proceeded against ex-parte.

Counsel for the applicant heard.

Applicant-wife has filed the present application for seeking transfer of the petition under Section 9 of the Hindu Marriage Act, filed by respondent-husband, bearing No.HMA-104-2025, titled 'Rohit vs. Bharti', pending in the Family Court Malerkotla, and she seeks transfer of the same to the Court of competent jurisdiction at Jalandhar. It is submitted that marriage between the parties to the lis, had

TA-1458-2025 -2taken place on 05.08.2020. However, on account of matrimonial dispute, the parties are residing separate. The applicant is taking care of one son, born from the said wedlock, who is aged about 41⁄2 years. The applicant is not having any source of earning and is totally dependent upon her parental family. The distance between the two places is stated to be 110 kms. The minor child is also student of LKG in Crescent Moon School, Jalandhar. Even, the applicant has also filed divorce petition under Section 13 of the Hindu Marriage Act, complaint under Protection of Women from Domestic Violence Act and petition under Section 144 BNSS, which are pending in the Courts at Jalandhar. The respondent is making appearance in the divorce petition as well as in the complaint under DV Act, whereas, the maintenance petition is at appearance stage.

In view of the submissions aforesaid, more particularly, considering the fact of applicant, not having any source of earning and taking care of 41⁄2 years old child, who is school going and further, keeping in view the fact of three other litigation, arising from this broken marriage, to be already pending in the Courts at Jalandhar, out of which, two are being pursued by the respondent at present and above it, considering the fact of respondent, not having come forward to resist the application, the transfer application, as such, is hereby allowed and the petition under Section 9 of the Hindu Marriage Act, filed by respondent-husband, bearing No.HMA104-2025, titled 'Rohit vs. Bharti', stands transferred from the Family Court, Malerkotla, to the Court of competent jurisdiction at Jalandhar. The requisite record of the aforesaid case be sent by the Family Court, Malerkotla, to the District and Sessions Judge, Jalandhar.

TA-1458-2025 -3Learned District and Sessions Judge, Jalandhar, shall assign the said petition to the Family Court, Jalandhar. Even, the parties are directed to appear before the Family Court, Jalandhar, within a period of one month from today onwards.

February 25, 2026 (ARCHANA PURI) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No