Aarti Vs Sompal — Maintenance and Alimony | Punjab & Haryana HC (2025)

Aarti Vs Sompal — Maintenance and Alimony | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer of the petition under Section 13 of the Hindu Marriage Act (Sonu HMA/1083/2024, 'Sompal Vs. Aarti') from the Family Court, Karnal to the Court of competent jurisdiction at Panipat; requisite record to be sent by the Family Court, Karnal to the District and Sessions Judge, Panipat for assignment to the Family Court, Panipat; parties directed to appear before the Family Court, Panipat within one month.

Issue for consideration

Whether the petition under Section 13 of the Hindu Marriage Act (Sonu HMA/1083/2024, 'Sompal Vs. Aarti') filed by the respondent-husband and pending in the Family Court, Karnal, should be transferred to the Court of competent jurisdiction at Panipat. +1 more

Court's answer

The petition under Section 13 of the Hindu Marriage Act i.e. HMA/1083/2024, titled 'Sompal Vs. Aarti', filed by the respondent-husband, stands transferred from the Family Court, Karnal, to the Court of competent jurisdiction at Panipat.

Ratio / Principle

In view of the mitigating circumstances - the applicant taking care of two daughters, herself having no source of earning, and the respondent not coming forward to resist the application - the transfer application is allowed.

Key takeaways

The requisite record of the transferred case shall be sent by the Family Court, Karnal, to the District and Sessions Judge, Panipat.ratio¶23
The learned District and Sessions Judge, Panipat, shall assign the transferred petition to the Family Court, Panipat.ratio¶27
The parties are directed to appear before the Family Court, Panipat, within a period of one month.ratio

Detailed headnote1 paragraphs

Transfer application allowed (Punjab & Haryana HC, TA-182-2025, decided 11.09.2025, Archana Puri, J., oral): Aarti (applicant-wife) sought transfer of her husband Sompal's petition under Section 13 of the Hindu Marriage Act (Sonu HMA/1083/2024, 'Sompal Vs. Aarti') pending in the Family Court, Karnal, to competent jurisdiction at Panipat. Despite service, the respondent did not appear on 19.08.2025 or 01.09.2025 and was proceeded against ex parte. Grounds accepted by the court: two daughters born of the 29.11.2019 marriage are in the applicant's sole care and custody, she has no source of earning, FIR No.1 dated 04.01.2025 under Sections 323, 406, 498-A and 506 IPC (challan presented, respondent has appeared) is pending in the Courts at Panipat, the distance between the places is about 50 kilometres, and a subsequently filed petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 of the applicant is also pending at Panipat. The petition stands transferred from the Family Court, Karnal to competent jurisdiction at Panipat; its record is to be sent by the Family Court, Karnal to the District and Sessions Judge, Panipat, who shall assign it to the Family Court, Panipat; the parties are to appear before the Family Court, Panipat within one month.

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TA-182-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.113

TA-182-2025 Date of Decision: 11.09.2025

AARTI

....Applicant

Versus

SOMPAL

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. Yashveer Kharb, Advocate for the applicant.

None for the respondent.

ARCHANA PURI, J. (Oral)

None has appeared on behalf of the respondent. Even on 19.08.2025, when the case was fixed for service of the respondent, it was observed that despite service, the respondent did not make appearance and the case was further adjourned for 01.09.2025. However, on the said date also, the respondent did not make 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 13 of the Hindu Marriage Act i.e. Sonu HMA/1083/2024, titled ‘Sompal Vs. Aarti’, filed by the respondent-husband, 2025.09.12 16:22 I agree to specified portions of this document P&HHC

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TA-182-2025

pending in the Family Court, Karnal and she seeks transfer of the same to the Court of competent jurisdiction at Panipat.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 29.11.2019. Two daughter were born from the said wedlock, who are in the care and custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. The applicant herself is not having any source of earning. She has got lodged an FIR bearing No.1 dated 04.01.2025, under Sections 323, 406, 498-A and 506 IPC, wherein challan has been presented in the Courts at Panipat. The respondent has already made appearance in the same. The distance between the two places is stated to be about 50 kilometres. Furthermore, it is submitted that after filing of present application, the petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the applicant, which is also pending in the Courts at Panipat.

In view of aforesaid mitigating circumstances, more particularly, considering the applicant to be taking care of two daughters, while herself having no source of earning and also considering the fact about the respondent having not come forward to resist the application, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/1083/2024, titled ‘Sompal Vs. Aarti’, filed by the respondent-husband, stands transferred from the Family Court, Karnal, to the Court of competent jurisdiction at Panipat. The requisite record of the aforesaid case be sent by the Family Court, Karnal, to the District and Sessions Judge, Panipat.

Sonu 2025.09.12 16:22 I agree to specified portions of this document P&HHC

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TA-182-2025

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

11.09.2025

(ARCHANA PURI) JUDGE

Himanshu

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

Sonu 2025.09.12 16:22 I agree to specified portions of this document P&HHC