Archana Puri, J
The applicant-wife has filed the present application for seeking transfer of the petition under Section 13 (1) (ia) of the Hindu Marriage Act i.e. HMA/940/2023, titled 'Pardeep v/s Neha Sharma, filed by the respondent-husband, pending in the Family Court, Jind and she seeks transfer of the same to the Court of competent jurisdiction at Kurukshetra.
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 19.10.2020, but no child was born from the said wedlock. Unfortunately, the matrimonial dispute arose between the parties and now they are residing separate. The applicant is not having any source of earning. The applicant is residing at her parental house and is totally dependent upon her aged parents. She has filed the petition under Section 125 Cr.P.C., which is pending in the courts at Kurukshetra and the respondent is proceeded against ex parte in the said case. Even, she has filed complaint under Section 12 of Protection of Women from Domestic Violence Act, which is also pending in the courts at Kurukshetra and is at the appearance stage. The distance between the two places is stated to be about 120 kms.
In view of the aforesaid fact situation, taking into consideration the fact of the applicant not having any source of earning, fact of two cases arising from the matrimonial dispute, already pending in the courts at Kurukshetra and also considering the fact of the respondent having not come forward to resist the transfer application, the same is allowed and the petition under Section 13 (1) (ia) of the Hindu Marriage Act i.e. HMA/940/2023, titled 'Pardeep v/s Neha Sharma, filed by the respondent-husband, stands transferred from the Family Court, Jind, to the court of competent jurisdiction at Kurukshetra. The requisite record of the aforesaid case be sent by the Family Court, Jind, to the District and Sessions Judge, Kurukshetra.
Learned District and Sessions Judge, Kurukshetra, shall assign the said petition to the Family Court, Kurukshetra. Even, the parties are directed to appear before the Family Court, Kurukshetra, within a period of one month from today onwards.
