Krishna Rani Vs Vinod — Maintenance and Alimony | Punjab & Haryana HC (2025)

Krishna Rani Vs Vinod — Maintenance and Alimony | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer of the petition under Section 9 of the Hindu Marriage Act (HMA/543/2023, 'Vinod Vs. Krishna Rani') from the Family Court, Jind to the Court of competent jurisdiction at Kaithal; transmission of the requisite record by the Family Court, Jind to the District and Sessions Judge, Kaithal for assignment to the Family Court, Kaithal; and direction to both parties to appear before the Family Court, Kaithal within one month.

Issue for consideration

Whether the applicant-wife's transfer application should be allowed so that the petition under Section 9 of the Hindu Marriage Act (Sonu HMA/543/2023, titled 'Vinod Vs. Krishna Rani') filed by the respondent-husband, pending in the Family Court, Jind, is transferred to the Court of competent jurisdiction at Kaithal.

Court's answer

The transfer application is allowed and the respondent-husband's petition under Section 9 of the Hindu Marriage Act (HMA/543/2023, titled 'Vinod Vs. Krishna Rani') stands transferred from the Family Court, Jind to the Court of competent jurisdiction at Kaithal.

Ratio / Principle

The transfer was allowed particularly because the applicant is taking care of the minor child while herself having no source of earning, and because the respondent did not come forward to resist the application.

Key takeaways

The requisite record of the aforesaid case (HMA/543/2023) is to be sent by the Family Court, Jind to the District and Sessions Judge, Kaithal.ratio¶23
The learned District and Sessions Judge, Kaithal shall assign the said petition to the Family Court, Kaithal.ratio¶27
The parties are directed to appear before the Family Court, Kaithal within a period of one month.ratio

Detailed headnote1 paragraphs

Punjab & Haryana High Court at Chandigarh (Hon'ble Mrs. Justice Archana Puri, oral) allowed transfer application TA-1342-2024 filed by Krishna Rani (applicant-wife) and ordered transfer of her husband Vinod's petition under Section 9 of the Hindu Marriage Act (Sonu HMA/543/2023, titled 'Vinod Vs. Krishna Rani') from the Family Court, Jind to the Court of competent jurisdiction at Kaithal. Grounds: the applicant, who has no source of earning, is caring for the about 4-year-old son born of the marriage solemnised on 07.05.2019; her Section 125 Cr.P.C. petition (MNT/215/2023) and the trial against the respondent under Sections 323, 406, 498-A, 506 and 34 IPC (FIR No.8 dated 26.01.2024, Women Police Station, Kaithal) are already pending at Kaithal, about 80 kilometres from Jind; and the respondent, though he appeared through counsel at first instance and filed Power of Attorney, did not come forward to resist the application and was proceeded against ex parte. Requisite record to be sent by the Family Court, Jind to the District and Sessions Judge, Kaithal for assignment to the Family Court, Kaithal; parties directed to appear there within one month. Speaking/reasoned: Yes.

1

TA-1342-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.108

TA-1342-2024 Date of Decision: 12.09.2025

KRISHNA RANI

....Applicant

Versus

VINOD

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Ms. Pearl Narang, Advocate for Mr. Ravinder Kumar, Advocate for the applicant.

None for the respondent.

ARCHANA PURI, J. (Oral)

Perusal of the paperbook reveals that even though, the respondent had made appearance through counsel, at first instance and filed Power of Attorney, but however, thereafter, off and on, none had appeared on his behalf. Even, on the last date of hearing, none had appeared on his behalf. Today also, none has appeared. As such, the respondent is proceeded against ex parte .

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. Sonu HMA/543/2023, titled ‘Vinod Vs. Krishna Rani’, filed by the respondent2025.09.12 16:42 I agree to specified portions of this document P&HHC

2

TA-1342-2024

husband, pending in the Family Court, Jind and she seeks transfer of the same to the Court of competent jurisdiction at Kaithal.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 07.05.2019. One son born from the said wedlock, who is about 4 years old, is in the care and custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning. Even, she has filed the petition under Section 125 Cr.P.C. i.e. MNT/215/2023, which is pending in the Courts at Kaithal and the respondent is already making appearance in the same. Besides the same, the respondent is facing trial in the Courts at Kaithal, relating to FIR bearing No.8 dated 26.01.2024, under Sections 323, 406, 498-A, 506 and 34 IPC, got lodged by the applicant at Women Police Station, Kaithal. The distance between the two places is stated to be about 80 kilometres.

Considering the aforesaid mitigating circumstances, more particularly, considering the fact about the applicant taking care of the minor child, while herself having no source of earning and also considering the fact about the respondent having not come forward to resist the application, even though, he had made appearance, at first instance, through counsel, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/543/2023, titled ‘Vinod Vs. Krishna Rani’, filed by the respondent-husband, stands transferred from the Family Court, Jind, to the Court of competent jurisdiction at Kaithal. The requisite record of the aforesaid case be sent by the Family Court, Jind, to the District and Sessions Judge, Kaithal.

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

3

TA-1342-2024

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

12.09.2025

(ARCHANA PURI) JUDGE

Himanshu

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

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