Rakhi Aneja Vs Rupesh Kumar — Domestic Violence | Punjab & Haryana HC (2025)

Rakhi Aneja Vs Rupesh Kumar — Domestic Violence | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer of the respondent-husband's petition under Section 9 of the Hindu Marriage Act (HMA/281/2024, 'Rupesh Kumar Vs. Rakhi Aneja') from the Family Court (Camp Court) Nakodar, District Jalandhar, to the Court of competent jurisdiction at Ludhiana; transmission of the requisite record to the District and Sessions Judge, Ludhiana, for assignment to the Family Court, Ludhiana; and direction to the parties to appear before the Family Court, Ludhiana, within one month.

Issue for consideration

Whether the applicant-wife's transfer application seeking transfer of the respondent-husband's petition under Section 9 of the Hindu Marriage Act (HMA/281/2024, 'Rupesh Kumar Vs. Rakhi Aneja'), pending in the Family Court (Camp Court) Nakodar, District Jalandhar, to the Court of competent jurisdiction at Ludhiana, deserves to be allowed.

Court's answer

The transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act (HMA/281/2024, 'Rupesh Kumar Vs. Rakhi Aneja'), filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Nakodar, District Jalandhar, to the Court of competent jurisdiction at Ludhiana.

Ratio / Principle

The transfer was allowed keeping in view the mitigating circumstances: the applicant has no source of earning (being dependent upon her brother, with her mother stated to be bedridden); two cases arising from the matrimonial dispute are already pending in the Courts at Ludhiana; and the respondent, who was proceeded against ex parte, did not come forward to resist the application.

Key takeaways

The requisite record of the transferred case is to be sent by the Family Court (Camp Court) Nakodar to the District and Sessions Judge, Ludhiana.ratio¶24
The learned District and Sessions Judge, Ludhiana, shall assign the transferred petition to the Family Court, Ludhiana.ratio¶28
The parties are directed to appear before the Family Court, Ludhiana, within a period of one month.ratio

Detailed headnote1 paragraphs

Transfer Application (TA-140-2025) allowed by the High Court of Punjab and Haryana. The applicant-wife sought transfer of the petition under Section 9 of the Hindu Marriage Act instituted by the respondent-husband (HMA/281/2024, 'Rupesh Kumar Vs. Rakhi Aneja') from the Family Court (Camp Court) Nakodar, District Jalandhar, to the Court of competent jurisdiction at Ludhiana. The respondent, despite service, did not appear on 13.05.2025 or on the hearing date and was proceeded against ex parte. Allowing the transfer, the Court took into account that the applicant has no source of earning and depends on her brother, that her mother is bedridden, that two other cases arising from the matrimonial dispute (a petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and a petition under the Protection of Women from Domestic Violence Act) are already pending in the Courts at Ludhiana, and that the distance between the two places is about 65 kilometres. The Family Court (Camp Court) Nakodar was directed to send the requisite record to the District and Sessions Judge, Ludhiana, who shall assign the petition to the Family Court, Ludhiana; the parties were directed to appear there within one month.

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TA-140-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.255

TA-140-2025 Date of Decision: 11.08.2025

RAKHI ANEJA

....Applicant

Versus

RUPESH KUMAR

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. Arjun Veer Sharma, Advocate for the applicant.

None for the respondent.

ARCHANA PURI, J. (Oral)

As observed in the order dated 13.05.2025, 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 . 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/281/2024, titled ‘Rupesh Kumar Vs. Rakhi Aneja’, filed by the respondent-husband, pending in the Family Court (Camp Court) Nakodar,

Sonu 2025.08.12 09:58 I agree to specified portions of this document P&HHC

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TA-140-2025

District Jalandhar and she seeks transfer of the same to the Court of competent jurisdiction at Ludhiana.

It is submitted that no child was born from the said wedlock. The applicant is not having any source of earning and as such, is dependent upon her brother. Even, the mother of the applicant is stated to be bedridden. Two other cases i.e. petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the petition under the Protection of Women from Domestic Violence Act, filed by the applicant, are already pending in the Courts at Ludhiana. In the maintenance petition, the respondent has already made appearance, whereas the petition under the Protection of Women from Domestic Violence Act, is at the appearance stage. The distance between the two places is about 65 kilometres.

Keeping in view the aforesaid mitigating circumstances, more particularly, when the applicant is not having any source of earning and considering two cases arising from the matrimonial dispute, already pending in the Courts at Ludhiana and also taking into consideration the fact about the respondent having not come forward to resist the application, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/281/2024, titled ‘Rupesh Kumar Vs. Rakhi Aneja’, filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Nakodar, District Jalandhar, to the Court of competent jurisdiction at Ludhiana. The requisite record of the aforesaid case be sent by the Family Court (Camp Court) Nakodar, to the District and Sessions Judge, Ludhiana.

Sonu 2025.08.12 09:58 I agree to specified portions of this document P&HHC

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TA-140-2025

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

(ARCHANA PURI) 11.08.2025 JUDGE Himanshu

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

Sonu 2025.08.12 09:58 I agree to specified portions of this document P&HHC