Allowed¶25

Diksha Saini v. Anish Chopra

Punjab & Haryana HC2 May 2025TA/111/2024

Case brief

AI extract

What is this about?

Punjab & Haryana High Court (Archana Puri, J.), TA-111-2024, decided 02.05.2025: wife's transfer application allowed; Section 9 HMA petition HMA/1849/2023 moved from Family Court, Amritsar to Ludhiana on the convenience-of-the-wife principle; DV Act complaint pending at Ludhiana; FIR under inquiry; ex parte, unresisting respondent; parties to appear before Family Court, Ludhiana within one month.

What did the court decide?

Petition HMA/1849/2023 ('Anish Chopra v/s Diksha Saini') under Section 9, Hindu Marriage Act transferred from the Family Court, Amritsar to the Court of competent jurisdiction at Ludhiana; requisite record to be sent by the Family Court, Amritsar to the District and Sessions Judge, Ludhiana, who is to assign the petition to the Family Court, Ludhiana; both parties directed to appear before the Family Court, Ludhiana within one month.

Diksha Saini Vs Anish Chopra — Domestic Violence | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent/husband's petition under Section 9 of the Hindu Marriage Act (HMA/1849/2023, 'Anish Chopra v/s Diksha Saini') pending in the courts at Amritsar should be transferred to the court of competent jurisdiction at Ludhiana, on the applicant-wife's plea that it is difficult for her to defend it from a distance of about 150 kms, coupled with the pendency of her Domestic Violence complaint and an FIR at Ludhiana.

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Ratio / Principle

Courts generally give preference to the convenience of the wife in transfer applications relating to matrimonial disputes, more particularly where the respondent has not come forward to resist the application.

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Key takeaways

The transfer application is allowed; the petition under Section 9 of the Hindu Marriage Act (HMA/1849/2023, 'Anish Chopra v/s Diksha Saini') stands transferred from the Family Court, Amritsar to the Court of competent jurisdiction at Ludhiana.ratio¶25

Detailed headnote1 paragraphs

Transfer of matrimonial cause — Wife's application for transfer of husband's petition under Section 9, Hindu Marriage Act (HMA/1849/2023, 'Anish Chopra v/s Diksha Saini') from the courts at Amritsar to Ludhiana — Marriage solemnized 14.12.2022, no child, parties residing separately — Wife without earnings, dependent on parental family; her complaint under Section 12, Protection of Women from Domestic Violence Act pending at Ludhiana; subsequent FIR against husband under inquiry — Amritsar forum about 150 kms away; respondent proceeded ex parte and did not resist — Held, courts generally give preference to the convenience of the wife in matrimonial transfer applications — Application allowed; petition transferred to Ludhiana; record to District and Sessions Judge, Ludhiana for assignment to Family Court, Ludhiana; parties to appear within one month.

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TA-111-2024

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Sr. No.111

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TA-111-2024

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Date of Decision: 02.05.2025

DIKSHA SAINI

....Applicant

Versus

ANISH CHOPRA

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

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Present:Mr. Vikrant K Vij, Advocate for the applicant.

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Respondent proceeded against ex parte vide order dated 25.04.2025.

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ARCHANA PURI, J. (Oral)

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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/1849/2023 titled “Anish Chopra v/s Diksha Saini”, filed by the respondent/husband, which is pending in the courts at Amritsar and she seeks transfer of the same to the court of competent jurisdiction at Ludhiana.

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Upon notice, the respondent did not make appearance and was proceeded against ex parte .

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Counsel for the applicant heard.

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At the very outset, counsel for the applicant submits that the marriage between the parties was solemnized on 14.12.2022, but no child was born from the said wedlock. However, on account of matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning and is totally dependent upon her parental family. The applicant has filed complaint under Section 12 of the Protection of Women

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Sonu 2025.05.03 12:46 I agree to specified portions of this document P&HHC

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TA-111-2024

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from Domestic Violence Act, which is already pending in the courts at Ludhiana. Also, it is submitted that after filing of the transfer application, an FIR was got lodged by the applicant against the respondent, which is under inquiry. In the given circumstances, it is submitted that it is difficult for the applicant to defend the petition under Section 9 of Hindu Marriage Act, from a distance of about 150 kms, from Ludhiana.

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In view of the aforesaid fact situation and also considering the fact that generally the courts give preference to the convenience of the wife in the transfer applications relating to the matrimonial disputes, more particularly, when the respondent has 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/1849/2023 titled “Anish Chopra v/s Diksha Saini”, filed by the respondent/husband, stands transferred from the Family Court, Amritsar to the Court of competent jurisdiction at Ludhiana. The requisite record of the aforesaid case be sent by the Family Court, Amritsar to the District and Sessions Judge, Ludhiana.

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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.

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02.05.2025

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(ARCHANA PURI) JUDGE

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Sonu

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Whether speaking/reasoned : Yes Whether reportable : Yes/No

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Sonu 2025.05.03 12:46 I agree to specified portions of this document P&HHC

Diksha Saini v. Anish Chopra

Case brief

What is this about?

What did the court decide?

Diksha Saini v. Anish Chopra

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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