Archana Puri, J
The applicant-wife has filed the present application for seeking transfer of the petition under Section 9 of the Hindu Marriage Act i.e. DMC/114/2025, titled ‘Gaurav Thaman v/s Ritika’, filed by the respondent-husband, pending in the Family Court (Camp Court), Rajpura, District Patiala and she seeks transfer of the same to the Court of competent jurisdiction at Faridkot.
Upon notice, 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 07.10.2024. It is further submitted that the applicant had left the matrimonial house on 25.02.2025, due to harassment, caused to her. There is no male member in her house, as her father and brother had died and she is solely dependent upon her mother, who is running a boutique. On query, it is submitted that the applicant herself is not working and no child was born from the said wedlock. The distance between the two places is stated to be about 205 kms. Furthermore, counsel submits that after filing of the transfer application, the applicant has also filed one petition under Section 125 of Cr.P.C. as well as petition under Section 12 of Protection of Women from Domestic Violence Act, which are pending in the courts at Faridkot and are still at the appearance stage.
In view of the aforesaid fact situation, more particularly, the other two litigation already pending in the courts at Faridkot as well as considering the distance and above it, the fact of the respondent having not coming forward to resist the transfer application, the same is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. DMC/114/2025, titled ‘Gaurav Thaman v/s Ritika’, filed by the respondent-husband, stands transferred from the Family Court, (Camp Court), Rajpura, District Patiala to the Court of competent jurisdiction at Faridkot. The requisite record of the aforesaid case be sent by the Family Court(Camp Court), Rajpura, to the District and Sessions Judge, Faridkot.
Learned District and Sessions Judge, Faridkot, shall assign the said petition to the Family Court, Faridkot. Even, the parties are directed to appear before the Family Court, Faridkot, within a period of one month from today onwards.
