Rhythm vs Manjit Singh

Archana Puri, J

As observed in the previous order, despite service, the respondent did not make appearance, on that date. Even today, he has not made appearance. As such, 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 9 of the Hindu Marriage Act i.e. HMA/61/2025, titled ‘Manjit Singh v/s Rhythm’, filed by the respondent-husband, pending in the Family Court, Dhuri, District Sangrur and she seeks transfer of the same to the Court of competent jurisdiction at Patiala.

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 12.01.2022 and one daughter born from the said wedlock, who is about 1 year old, is in the care and custody of the applicant. On account of matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning and she together with the child, is dependent upon her parental family. Even, she has filed compliant under Section 12, 17, 18, 19, 20, 21 and 22 of the Protection of Women from Domestic Violence Act, 2005, which is pending in the courts at Patiala and the same is at the appearance stage. The distance between the two places is stated to be 70 kms. It is also submitted that after filing of the transfer application, one FIR under Section 406, 498-A IPC was got registered and the same is pending investigation.

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 Patiala 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 9 of the Hindu Marriage Act i.e. HMA/61/2025, titled ‘Manjit Singh v/s Rhythm’, filed by the respondent-husband, stands transferred from the Family Court (Camp court), Dhuri, District Sangrur, to the court of competent jurisdiction at Patiala. The requisite record of the aforesaid case be sent by the Family Court (Camp court), Dhuri, District Sangrur, to the District and Sessions Judge, Patiala.

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