Sonu Aged About 21 Years Old Vs Sanju — Maintenance and Alimony | Punjab & Haryana HC (2025)

Sonu Aged About 21 Years Old Vs Sanju — Maintenance and Alimony | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer application allowed: petition under Section 9 of the Hindu Marriage Act (HMA/1422/2024, 'Sanju Vs. Sonu') transferred from the Family Court, Ludhiana to the Court of competent jurisdiction at Mansa; requisite record to be sent by the Family Court, Ludhiana to the District and Sessions Judge, Mansa; District and Sessions Judge, Mansa to assign the petition to the Family Court, Mansa; parties directed to appear before the Family Court, Mansa within one month.

Issue for consideration

Whether the petition under Section 9 of the Hindu Marriage Act (HMA/1422/2024, 'Sanju Vs. Sonu') filed by the respondent-husband and pending in the Family Court, Ludhiana should be transferred to the Court of competent jurisdiction at Mansa, in view of the inconvenience to the applicant-wife (about 120 km commute, no source of earning, and her Section 125 Cr.P.C. petition already pending at Mansa).

Court's answer

In transfer applications relating to matrimonial disputes, preference is given to the convenience of the wife.

Ratio / Principle

On the facts of this case, the applicant-wife having no source of earning and her petition under Section 125 Cr.P.C. being already pending in the Courts at Mansa, transfer of the husband's Section 9 petition to Mansa was warranted.

Key takeaways

The transfer application is allowed; the petition under Section 9 of the Hindu Marriage Act i.e. HMA/1422/2024 titled 'Sanju Vs. Sonu' stands transferred from the Family Court, Ludhiana to the Court of competent jurisdiction at Mansa.ratio¶24
The requisite record of the transferred case is to be sent by the Family Court, Ludhiana to the District and Sessions Judge, Mansa.ratio¶24
The learned District and Sessions Judge, Mansa shall assign the transferred petition to the Family Court, Mansa, and the parties are directed to appear before the Family Court, Mansa within a period of one month.

Detailed headnote1 paragraphs

Punjab and Haryana High Court at Chandigarh (Archana Puri, J., oral) — Transfer Application TA-796-2024, decided ex parte (respondent served but did not appear) — Applicant-wife sought transfer of the respondent-husband's petition under Section 9 of the Hindu Marriage Act (HMA/1422/2024, 'Sanju Vs. Sonu') from the Family Court, Ludhiana to the Court of competent jurisdiction at Mansa — Marriage about three years old, no child born, parties residing separately on account of matrimonial dispute — Applicant-wife without any source of earning, wholly dependent on her parental family, facing a commute of about 120 kilometres, and her petition under Section 125 Cr.P.C. already pending in the Courts at Mansa — Preference given to the convenience of the wife in transfer applications arising from matrimonial disputes — Transfer application allowed; petition transferred from Family Court, Ludhiana to competent jurisdiction at Mansa; requisite record to be sent to the District and Sessions Judge, Mansa for assignment to the Family Court, Mansa; parties directed to appear before the Family Court, Mansa within one month (decided 03.04.2025).

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TA-796-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.235

TA-796-2024 Date of Decision: 03.04.2025

SONU

....Applicant

Versus

SANJU

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. J.K. Singla, Advocate for the applicant.

None for the respondent.

ARCHANA PURI, J. (Oral)

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/1422/2024, titled ‘Sanju Vs. Sonu’, 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 Mansa.

Upon notice, the respondent did not make appearance, despite service. As such, he is proceeded against ex parte .

Learned 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 three years ago, but no child was born from the said wedlock. On account of the matrimonial dispute, the parties are residing separate. The applicant is having no source of earning and as such, she is totally dependent upon her parental family. Even, she has filed the petition under Section 125 Cr.P.C., which is pending in the Courts

Sonu 2025.04.03 16:59 I agree to specified portions of this document P&HHC

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TA-796-2024

at Mansa. In the given circumstances, it is submitted that it is difficult for the applicant, to commute a distance of about 120 kilometres from the place of her residence, to defend the petition under Section 9 of the Hindu Marriage Act, pending at Ludhiana.

In view of the submissions aforesaid, considering the position of law about preference given to the convenience of the wife in the transfer applications relating to the matrimonial dispute, more particularly, when the applicant is not having any source of earning and also considering the fact about the petition under Section 125 Cr.P.C. to be already pending in the Courts at Mansa, which is being pursued by the respondent, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/1422/2024, titled ‘Sanju Vs. Sonu’, filed by the respondent-husband, stands transferred from the Family Court, Ludhiana, to the Court of competent jurisdiction at Mansa. The requisite record of the aforesaid case be sent by the Family Court, Ludhiana, to the District and Sessions Judge, Mansa.

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

(ARCHANA PURI) 03.04.2025 JUDGE Himanshu

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

Sonu 2025.04.03 16:59 I agree to specified portions of this document P&HHC