Allowed¶22

Jeena v. Sukanshu Mahajan

Punjab & Haryana HC12 Sept 2025TA/192/2025

Case brief

AI extract

What is this about?

Keywords: transfer application; Section 9 Hindu Marriage Act; Jeena v. Sukanshu Mahajan; HMA/12533/2024; Family Court Ludhiana; Sri Muktsar Sahib; Section 13 HMA HMA/67/2024; Section 12 Protection of Women from Domestic Violence Act COMA/14/2024; Aakash Institute Bathinda teacher hardship; commute about 160; ex parte respondent order dated 25.08.2025; Punjab and Haryana High Court; TA-192-2025; decided 12.09.2025; Justice Archana Puri; speaking/reasoned: Yes.

What did the court decide?

Transfer of the petition under Section 9 HMA (HMA/12533/2024, 'Sukanshu Mahajan Vs. Jeena') from the Family Court, Ludhiana to the Court of competent jurisdiction at Sri Muktsar Sahib; record to be sent to the District and Sessions Judge, Sri Muktsar Sahib for assignment to the Family Court, Sri Muktsar Sahib; parties to appear within one month. ¶22

Jeena Vs Sukanshu Mahajan — Domestic Violence | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether the petition under Section 9 of the Hindu Marriage Act (HMA/12533/2024, 'Sukanshu Mahajan Vs. Jeena') filed by the respondent-husband and pending in the Family Court, Ludhiana should be transferred to the Court of competent jurisdiction at Sri Muktsar Sahib, given the applicant-wife's employment hardship (working as 'Teacher' at Aakash Institute, Bathinda, with a demanding schedule and a commute of about 160) and her two pending cases at Sri Muktsar Sahib.

¶16

Court's answer

The transfer application is allowed: the petition under Section 9 HMA (HMA/12533/2024, 'Sukanshu Mahajan Vs. Jeena') filed by the respondent-husband stands transferred from the Family Court, Ludhiana to the Court of competent jurisdiction at Sri Muktsar Sahib.

¶22

Ratio / Principle

Basis of the allowance: the court considered the mitigating circumstances urged by the applicant (her demanding teaching engagement necessitating a commute of about 160) together with the respondent's failure to come forward to resist the application or to pursue his two other cases arising from the matrimonial dispute at Sri Muktsar Sahib.

¶22

Key takeaways

The requisite record of the transferred case is to be sent by the Family Court, Ludhiana to the District and Sessions Judge, Sri Muktsar Sahib.ratio¶22
The learned District and Sessions Judge, Sri Muktsar Sahib shall assign the said petition to the Family Court, Sri Muktsar Sahib.ratio¶26
Both parties are directed to appear before the Family Court, Sri Muktsar Sahib within a period of one month.ratio

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Archana Puri, J., oral), TA-192-2025, decided 12.09.2025 — Transfer application by the wife (Jeena) allowed. The husband's petition under Section 9 of the Hindu Marriage Act (HMA/12533/2024, 'Sukanshu Mahajan Vs. Jeena'), pending in the Family Court, Ludhiana, stands transferred to the Court of competent jurisdiction at Sri Muktsar Sahib. Grounds: the applicant works as 'Teacher' at Aakash Institute, Bathinda with a very demanding job and faces a commute of about 160; her petitions under Section 13 HMA (HMA/67/2024) and Section 12, Protection of Women from Domestic Violence Act (COMA/14/2024) are already pending at Sri Muktsar Sahib where the respondent stands ex parte; and the respondent, though served in the transfer application, did not appear and was proceeded against ex parte vide order dated 25.08.2025. Directions: the requisite record to be sent by the Family Court, Ludhiana to the District and Sessions Judge, Sri Muktsar Sahib, who shall assign the petition to the Family Court, Sri Muktsar Sahib; parties directed to appear there within one month.

¶1

¶2

TA-192-2025

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

Sr. No.111

¶5

TA-192-2025 Date of Decision: 12.09.2025

JEENA

....Applicant

Versus

SUKANSHU MAHAJAN

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

¶12

Present:Mr. H.S. Sehgal, Advocate for the applicant (through video conferencing).

¶13

Respondent proceeded against ex parte vide order dated 25.08.2025.

¶14

¶15

ARCHANA PURI, J. (Oral)

¶16

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/12533/2024, titled ‘Sukanshu Mahajan Vs. Jeena’, filed by the respondent-husband, pending in the Family Court, Ludhiana and she seeks transfer of the same to the Court of competent jurisdiction at Sri Muktsar Sahib.

¶17

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.

¶18

Sonu 2025.09.12 16:42 I agree to specified portions of this document P&HHC

¶19

¶20

TA-192-2025

¶21

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 30.04.2021, but no child was born from the said wedlock. However, on account of the matrimonial dispute, the parties are residing separate. The applicant had already filed the petition under Section 13 of the Hindu Marriage Act i.e. HMA/67/2024, as well as the petition under Section 12 of the Protection of Women from Domestic Violence Act i.e. COMA/14/2024, which are pending in the Courts at Sri Muktsar Sahib and in both the cases, respondent did not make appearance and as such, has been proceeded against ex parte . Furthermore, it is submitted that the applicant is working as ‘Teacher’ at Aakash Institute, Bathinda. However, since she is involved in teaching students for competitive examination, her job is very demanding. In the given circumstances, it is submitted that it is difficult for the applicant, to commute a distance of about 160, to defend the petition under Section 9 of the Hindu Marriage Act.

¶22

Considering the mitigating circumstances aforesaid and also considering the fact of the respondent, having not come forward to resist the application, more particularly, when he had also not come forward to pursue two cases arising from this matrimonial dispute, at Sri Muktsar Sahib, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/12533/2024, titled ‘Sukanshu Mahajan Vs. Jeena’, filed by the respondent-husband, stands transferred from the Family Court, Ludhiana, to the Court of competent jurisdiction at Sri Muktsar Sahib. The requisite record of the aforesaid case be sent by the Family Court, Ludhiana, to the District and Sessions Judge, Sri Muktsar Sahib.

¶23

Sonu 2025.09.12 16:42 I agree to specified portions of this document P&HHC

¶24

¶25

TA-192-2025

¶26

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

¶27

(ARCHANA PURI) 12.09.2025 JUDGE Himanshu

¶28

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

¶29

Sonu 2025.09.12 16:42 I agree to specified portions of this document P&HHC

Jeena v. Sukanshu Mahajan

Case brief

What is this about?

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Jeena v. Sukanshu Mahajan

Case brief

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