Kanchan Alias Kanchan Tagra Vs Raj Kumar — Maintenance and Alimony | Punjab & Haryana HC (2025)

Kanchan Alias Kanchan Tagra Vs Raj Kumar — Maintenance and Alimony | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer of divorce petition DMC/108/2023 titled 'Raj Kumar v/s Kanchan' from the Family Court Meham, District Rohtak to the Court of competent jurisdiction at Narwana, District Jind; requisite record to be sent by the Family Court, Meham to the District and Sessions Judge, Jind; petition to be assigned to the Family (Camp Court), Narwana; parties directed to appear there within one month.

Issue for consideration

Whether the divorce petition DMC/108/2023 titled 'Raj Kumar v/s Kanchan', pending in the courts at Meham, District Rohtak, should be transferred to the court of competent jurisdiction at Narwana, District Jind, in view of the convenience of the applicant/wife.

Court's answer

The transfer application is allowed and the divorce petition DMC/108/2023 titled 'Raj Kumar v/s Kanchan', filed by the respondent/husband, stands transferred from the Family Court Meham, District Rohtak, to the Court of competent jurisdiction at Narwana, District Jind.

Ratio / Principle

In deciding the transfer application, the court acted on the position of law according preference to the convenience of the wife in transfer applications relating to matrimonial disputes.

Key takeaways

The requisite record of the transferred case is to be sent by the Family Court, Meham to the District and Sessions Judge, Jind.ratio¶23
The learned District and Sessions Judge, Jind, shall assign the transferred petition to the Family (Camp Court), Narwana, and the parties are directed to appear before the Family (Camp Court) Narwana within one month.ratio¶24

Detailed headnote1 paragraphs

Punjab & Haryana High Court at Chandigarh (Archana Puri, J., oral), TA-809-2024, decided 17.02.2025: Transfer application of the wife-applicant Kanchan alias Kanchan Tagra ALLOWED; the divorce petition DMC/108/2023 titled 'Raj Kumar v/s Kanchan' of the respondent-husband Raj Kumar, pending in the courts at Meham, District Rohtak, stands transferred to the Court of competent jurisdiction at Narwana, District Jind. The respondent, unrepresented and absent despite service (non-appearance also noted in the order dated 29.08.2024), was proceeded against ex parte. Rationale: preference to the convenience of the wife in transfer applications relating to matrimonial disputes; the applicant has no source of earning, is dependent upon her parental family whose parents suffer several medical ailments, and faces a commute of about 98 kms; she already litigates nearer home — maintenance petition MNT/39/2021 under Section 125 Cr.P.C. pending at Narwana (respondent making appearance therein) and trial against the respondent in FIR No.107 dated 22.07.2021 under Sections 323, 34, 406, 498-A, 506 IPC of Women Police Station, Jind; the daughter born of the marriage (solemnized 21.10.2015) is in the care and custody of the respondent. Directions: the Family Court, Meham to send the requisite record to the District and Sessions Judge, Jind, who shall assign the petition to the Family (Camp Court), Narwana; the parties to appear there within one month.

TA-809-2024

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.201

TA-809-2024 Date of Decision: 17.02.2025

KANCHAN ALIAS KANCHAN TAGRA

....Applicant

Versus

RAJ KUMAR

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. Kuldeep Sheoran, 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 divorce petition i.e. DMC/108/2023 titled “ Raj Kumar v/s Kanchan ”, filed by the respondent/husband, which is pending in the courts at Meham, District Rohtak and she seeks transfer of the same to the court of competent jurisdiction at Narwana, District Jind.

As per observation made in the order dated 29.08.2024, none had made appearance on behalf of the respondent, despite service. Today also, none has made appearance on his behalf. As such, respondent is proceeded against ex parte.

Counsel for the applicant heard.

It is submitted by the counsel for the applicant that the marriage between the parties was solemnized on 21.10.2015 and one daughter born from the said wedlock is presently in the care and custody of the respondent. On account of matrimonial discord, the parties are residing separate. The Sonu applicant has filed petition under Section 125 Cr.P.C. i.e. MNT/39/2021 2025.02.17 14:58 I attest to the accuracy and authenticity of this document P&HHC

TA-809-2024

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titled “ Kanchan v/s Raj Kumar ” which is pending in the courts Narwana and the respondent is making appearance in the same. Also, she has got lodged FIR No.107 dated 22.07.2021 under Sections 323, 34, 406, 498-A, 506 IPC, at Women Police Station, Jind, wherein the respondent is facing trial. The applicant has no source of earning and is dependent upon her parental family. It is also submitted that the parents of the applicant are not keeping good health and have several medical ailments. In the given circumstances, it is difficult for the applicant to commute a distance of about 98 kms, to defend the divorce petition.

In view of the aforesaid fact situation and also considering the position of law about preference to be given to the convenience of the wife in the transfer applications relating to the matrimonial dispute, the transfer application is allowed and the divorce petition i.e. DMC/108/2023 titled “ Raj Kumar v/s Kanchan ”, filed by the respondent/husband, stands transferred from the Family Court Meham, District Rohtak, to the Court of competent jurisdiction at Narwana, District Jind. The requisite record of the aforesaid case be sent by the Family Court, Meham to the District and Sessions Judge, Jind.

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

			(ARCHANA PURI)
17.02.2025			JUDGE
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	Whether speaking/reasoned	:	Yes
	Whether reportable	:	Yes/No

Sonu 2025.02.17 14:58 I attest to the accuracy and authenticity of this document P&HHC