IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Sr. No.211 Date of Decision: 09.12.2025 NEHA ....Applicant Versus LUCKY KUMAR .....Respondent CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Rahul Vohra, Advocate for the applicant.

None for the respondent.

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ARCHANA PURI, J. (Oral)

As per the observations made in the order dated 24.09.2025, despite service, the respondent did not make appearance on that date. Even today, he has not made appearance. As such, the respondent is proceeded against ex parte.

Counsel for the applicant heard.

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/300/2025, titled ‘Lucky Kumar Vs. Neha’, filed by the respondent-

husband, pending in the Family Court, Bathinda and she seeks transfer of the same to the Court of competent jurisdiction at Ludhiana.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 14.11.2019. However, on account of the matrimonial dispute, the parties are residing separate. The son born from this estranged marriage, who is about 5 years old, is in the care and custody of the applicant. The applicant is not having any source of earning and as such, is dependent upon her parental family. Even, she has filed the petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as well as the petition under Section 12 of the Protection of Women from Domestic Violence Act, which are pending in the Courts at Ludhiana and the respondent is making appearance in the same. The distance between the two places is stated to be about 150 kms.

In view of the aforesaid fact situation more particularly the fact of son, being in the custody of the applicant, as well as two other litigations arising from the matrimonial dispute, already pending in the Courts at Ludhiana, which are being pursued by the respondent, the distance between the two places and above, it considering the fact about the respondent having not come forward to resist the application, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. DMC/300/2025, titled ‘Lucky Kumar Vs. Neha’, filed by the respondent- husband, stands transferred from the Family Court, Bathinda, to the Court of competent jurisdiction at Ludhiana. The requisite record of the aforesaid case be sent by the Family Court, Bathinda, to the District and Sessions Judge, Ludhiana.

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

09.12.2025 JUDGE Himanshu Vats Whether speaking/reasoned : Yes Whether reportable : Yes/No