1 TA-166-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Sr. No.105 TA-166-2024 Date of Decision: 25.03.2025 NEHA ARORA ....Applicant Versus ARUN KUMAR ARORA .....Respondent CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. A.K. Spehia, Advocate for the applicant. None for the respondent. ***** ARCHANA PURI, J. (Oral) Perusal of the paperbook reveals that at the time of dismissal of the transfer application on 11.12.2024, service of the respondent was duly effected. However, none had made appearance on his behalf, on that date. Thereafter, the application i.e. CM-22855-CII-2024 was filed for seeking restoration of the transfer application and vide order dated 17.02.2025, after service having effected upon the respondent, the transfer application was restored at its original number. However, none had made appearance on behalf of the respondent. Even today, none has made appearance on behalf of the respondent. As such, the respondent is proceeded against ex parte. The 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/9/2024, titled ‘Arun Kumar Arora Vs. Neha Arora’, filed by the respondent-husband, pending in the Family Court, Moga and she seeks NISHA 2025.03.25 17:08 I attest to the accuracy and integrity of this document 2 TA-166-2024 transfer of the same to the Court of competent jurisdiction at Jalandhar. It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 21.11.2020. One daughter born from the said wedlock on 12.10.2021, is presently in the care and custody of the applicant. However, on account of the matrimonial discord, the parties are residing separate. The applicant has no source of earning and is totally dependent upon her parental family. She has filed a complaint under Sections 498-A, 406, 323 and 506 IPC, which is still at the service stage, after passing of the summoning order. Even, she has filed the complaint under Section 12 of the Protection of Women from Domestic Violence Act, wherein the respondent is making appearance. In the given cirucmstances, a prayer for acceptance of the transfer application has been made. In view of the submissions aforesaid, considering the prevalent law about preference to be given to the convenience of the wife in the transfer applications relating to the matrimonial dispute, more particularly, considering the applicant having no source of earning and taking care of the minor daughter aged about 4 years and also considering the fact about two cases arising from the matrimonial dispute already pending in the Courts at Jalandhar, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/9/2024, titled ‘Arun Kumar Arora Vs. Neha Arora’, filed by the respondent-husband, stands transferred from the Family Court, Moga, to the Court of competent jurisdiction at Jalandhar. The requisite record of the aforesaid case be sent by the Family Court, Moga, to the District and Sessions Judge, Jalandhar. NISHA 2025.03.25 17:08 I attest to the accuracy and integrity of this document 3 TA-166-2024 Learned District and Sessions Judge, Jalandhar, shall assign the said petition to the Family Court, Jalandhar. Even, the parties are directed to appear before the Family Court, Jalandhar, within a period of one month from today onwards. (ARCHANA PURI) 25.03.2025 JUDGE Himanshu Whether speaking/reasoned : Yes Whether reportable : Yes/No NISHA 2025.03.25 17:08 I attest to the accuracy and integrity of this document