Pooja Vs Bintu Singh — Domestic Violence | Punjab & Haryana HC (2025)

Pooja Vs Bintu Singh — Domestic Violence | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer application allowed: the respondent/husband's Section 13 Hindu Marriage Act petition HMA/102/2024 ('Bintu Singh v/s Pooja') transferred from the Family Court, Moonak (District Sangrur) to the Court of competent jurisdiction at Hansi (District Hisar); requisite record to be sent by the Family Court, Moonak, to the District and Sessions Judge, Hisar, who shall assign it to the Family Court (Camp Court) Hansi; parties directed to appear before the Family Court (Camp Court) Hansi within one month.

Issue for consideration

Whether the transfer application filed by the applicant/wife for shifting the respondent/husband's divorce petition under Section 13 of the Hindu Marriage Act (HMA/102/2024, 'Bintu Singh v/s Pooja'), pending at Moonak, District Sangrur, to the court of competent jurisdiction at Hansi, District Hisar, should be allowed on grounds of her convenience.

Court's answer

The Court allowed the transfer application taking into consideration the preference generally given by the courts to the convenience of the wife in transfer applications relating to matrimonial disputes, particularly because the respondent did not come forward to resist the application, the applicant has no source of earning, and two other litigations are already pending at Hansi which the respondent himself pursues.

Ratio / Principle

Since the respondent did not appear despite service (as observed in the order dated 09.04.2025 and again on the decision date), he was proceeded against ex parte.

Key takeaways

The petition under Section 13 of the Hindu Marriage Act, HMA/102/2024 titled 'Bintu Singh v/s Pooja', filed by the respondent/husband, stands transferred from the Family Court, Moonak, to the Court of competent jurisdiction at Hansi, District Hisar.ratio¶¶23
The requisite record of the transferred case is to be sent by the Family Court, Moonak, to the District and Sessions Judge, Hisar.ratio¶¶23
The learned District and Sessions Judge, Hisar, shall assign the transferred petition to the Family Court (Camp Court), Hansi.

Detailed headnote1 paragraphs

Punjab & Haryana High Court at Chandigarh (Archana Puri, J., oral decisions), TA-11-2025, decided 14.05.2025 - Wife's transfer application allowed, respondent proceeded against ex parte: the husband's divorce petition under Section 13 of the Hindu Marriage Act (HMA/102/2024, 'Bintu Singh v/s Pooja'), pending at Moonak, District Sangrur, stands transferred to the Court of competent jurisdiction at Hansi, District Hisar. Grounds relied upon by the Court: the preference generally given by courts to the wife's convenience in matrimonial transfer applications; the respondent neither appeared despite service nor resisted the application; the applicant-wife is not working and has no source of earning; her Section 125 Cr.P.C. petition, Section 12 Protection of Women from Domestic Violence Act petition, and the trial of FIR No.0102 dated 08.12.2024 (Sections 323, 377, 406, 498-A, 506 IPC) are already pending at Hansi and are being pursued by the respondent; distance between the two places is about 90 kms. Requisite record to be sent by the Family Court, Moonak, to the District and Sessions Judge, Hisar, for assignment to the Family Court (Camp Court) Hansi; parties to appear there within one month.

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TA-11-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.207

TA-11-2025 Date of Decision: 14.05.2025

POOJA

....Applicant

Versus

BINTU SINGH

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. L.K.Narang, Advocate for the applicant.

None for the respondent.

ARCHANA PURI, J. (Oral)

As per the observations made in the order dated 09.04.2025 despite service, the respondent did not make appearance on that date. Even today, he has not made appearance. As such, the respondent is proceeded against ex parte .

The applicant/wife has filed the present application for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. HMA/102/2024 titled “ Bintu Singh v/s Pooja ”, filed by the respondent/husband, which is pending in the courts at Moonak, District Sangrur and she seeks transfer of the same to the court of competent jurisdiction at Hansi, District Hisar.

Counsel for the applicant heard.

Sonu 2025.05.14 16:35 I agree to specified portions of this document P&HHC

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TA-11-2025

It is submitted by the counsel for the applicant that the marriage between the parties was solemnized on 23.06.2023, but no child was born from the said wedlock. On account of matrimonial dispute, the parties are residing separate. Also, it is submitted that the applicant is not working and as such, has no source of earning, on which account, she has filed petition under Section 125 Cr.P.C. as well as petition under Section 12 of the Protection of Women from Domestic Violence Act, which are pending in the courts at Hansi and the respondent is making appearance in the said cases. Also, the applicant has got lodged FIR No.0102 dated 08.12.2024, under Sections 323, 377, 406, 498-A, 506 of IPC against the respondent, trial whereof is pending in the courts at Hansi. The distance between the two places is about 90 kms. As such, it is submitted that it is difficult for the applicant to defend the petition pending at Moonak, District Sangrur.

Considering the aforesaid circumstances and taking into consideration the preference generally given by the courts to the convenience of wife in case of transfer applications, relating to the matrimonial disputes, more particularly, when the respondent has not come forward to resist the transfer application; considering the fact that the applicant is not having any source of earning as well as two other litigation already pending at Hansi, which are being pursued by the respondent, the transfer application is hereby allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/102/2024 titled “ Bintu Singh v/s Pooja ”, filed by the respondent/husband, stands transferred from the Family Court, Moonak, to the Court of competent jurisdiction at Hansi, District Hisar. The requisite record of the aforesaid case be sent by the Family Court, Moonak, to the District and Sessions Judge, Hisar.

Sonu 2025.05.14 16:35 I agree to specified portions of this document P&HHC

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TA-11-2025

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

14.05.2025 Sonu

(ARCHANA PURI) JUDGE

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

Sonu 2025.05.14 16:35 I agree to specified portions of this document P&HHC