Reena Thakur vs Pankaj Salaria

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. HMA/585/2023, titled ‘Pankaj Salaria Vs. Reena Thakur’, filed by the respondent-husband, pending in the Family Court, Pathankot and she seeks transfer of the same to the Court of competent jurisdiction at Gurdaspur.

In pursuance of notice issued, 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 13.12.2015. One son born from the said wedlock, who is about 8 years old, is in the care and custody of the applicant. The applicant is not having any source of earning and she together with her son, is dependent upon her parental family. Even, she had Sonu filed the petition under Section 125 Cr.P.C., which was contested by the respondent and the same has since been decided. On query by this Court, it is disclosed by the counsel that till date, no maintenance has been paid by the respondent, to the applicant or the child. Besides the same, the applicant has also filed the petition under the Protection of Women from Domestic Violence Act, which is pending in the Courts at Gurdaspur. The distance between the two places is stated to be about 50 kilometres.

In view of the aforesaid fact situation, more particularly, the fact of minor child born from the broken marriage, to be residing with the applicant, who herself is not having any source of earning and above all, considering the fact about the respondent having not come forward to resist the application, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/585/2023, titled ‘Pankaj Salaria Vs. Reena Thakur’, filed by the respondent-husband, stands transferred from the Family Court, Pathankot, to the Court of competent jurisdiction at Gurdaspur. The requisite record of the aforesaid case be sent by the Family Court, Pathankot, to the District and Sessions Judge, Gurdaspur.

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