Rajni Vs Vikash — Domestic Violence | Punjab & Haryana HC (2025)

Rajni Vs Vikash — Domestic Violence | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer of divorce petition HMA/43/2025 ('Vikash v/s Rajni') from the Family Court, Jhajjar to the Family Court (Camp Court), Pehowa, District Kurukshetra; requisite record to be sent by the Family Court, Jhajjar to the District and Sessions Judge, Kurukshetra for assignment to the Camp Court; parties directed to appear before the Family Court (Camp Court), Pehowa within one month.

Issue for consideration

Whether the divorce petition under Section 13(1)(ia) of the Hindu Marriage Act (HMA/43/2025, 'Vikash v/s Rajni') filed by the respondent-husband and pending in the Family Court, Jhajjar should be transferred to the Family Court (Camp Court), Pehowa, District Kurukshetra, in view of the applicant-wife's circumstances (custody of two minor children, no source of earning, 225 km distance, and related proceedings pending at Kurukshetra/Pehowa).

Court's answer

The transfer application is allowed: the petition under Section 13(1)(ia) of the Hindu Marriage Act, HMA/43/2025 ('Vikash v/s Rajni'), stands transferred from the Family Court, Jhajjar to the Family Court (Camp Court), Pehowa, District Kurukshetra.

Ratio / Principle

The respondent, though served, did not appear on the last date of hearing nor on the date of this hearing; accordingly he was proceeded against ex parte and the application was heard on the applicant's side alone.

Key takeaways

Grounds for transfer: the applicant is taking care of two minor children, has no source of earning, and the respondent did not come forward to resist the transfer application.ratio¶23
Implementation directions: the requisite record of the transferred case is to be sent by the Family Court, Jhajjar to the District and Sessions Judge, Kurukshetra, who shall assign the petition to the Family Court (Camp Court), Pehowa; the parties are directed to appear before the transferee court within one month.ratio¶24

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Chandigarh), TA-404-2025, decided 22.08.2025 by Mrs. Justice Archana Puri (oral): Transfer application of the wife-applicant allowed ex parte — the husband's divorce petition under Section 13(1)(ia), Hindu Marriage Act (HMA/43/2025, 'Vikash v/s Rajni'), pending in the Family Court, Jhajjar, stands transferred to the Family Court (Camp Court), Pehowa, District Kurukshetra. Transfer rested on the applicant caring for two minor children (aged about 4 and 2 years), having no source of earning, a stated distance of 225 kms between the courts, and allied proceedings pending near her — a Section 12, Protection of Women from Domestic Violence Act petition at Kurukshetra (appearance stage), a Section 144, Bharatiya Nagarik Suraksha Sanhita petition at Pehowa (respondent ex-parte), and a challan in FIR No.18 dated 27.01.2025 under Sections 323, 406 and 498-A IPC at Pehowa (charge not yet framed). The respondent, served but absent on two consecutive dates, was proceeded against ex parte. Requisite record to be sent to the District and Sessions Judge, Kurukshetra for assignment; parties to appear before the transferee court within one month.

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TA-404-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.211

TA-404-2025 Date of Decision: 22.08.2025

RAJNI

....Applicant

Versus

VIKASH

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. Pawan Attri, Advocate for the applicant.

None for the respondent.

ARCHANA PURI, J. (Oral)

Perusal of the paperbook reveals that on the last date of hearing, despite service, the respondent did not make appearance. Even today, he has not made appearance. 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 13 (1) (ia) of the Hindu Marriage Act i.e. HMA/43/2025, titled ‘Vikash v/s Rajni, filed by the respondent-husband, pending in the Family Court, Jhajjar and she seeks transfer of the same to the Family Court (Camp Court) Pehowa, District Kurukshetra.

It is submitted by the counsel for the applicant that the marriage between the parties had taken place on 14.05.2020 and two children born from the said wedlock, who are in the age group of 4 years and 2 years are in the care and custody of the applicant. Also, it is submitted that petition under Section 12 of the Protection of Women from Domestic Violence Act

Sonu 2025.08.25 15:40 I agree to specified portions of this document P&HHC

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TA-404-2025

has been filed, which is pending in the Courts at Kurukshetra and the same is still at appearance stage. Besides the same, the petition under Section 144 of Bharatiya Nagarik Suraksha Sanhita, has been filed by the applicant, which is pending in the Courts at Pehowa and the respondent has been proceeded against ex-parte in the same. Also, challan has been presented in the Courts at Pehowa, vis-a-vis , FIR No.18 dated 27.01.2025 under Sections 323, 406 and 498-A IPC and still charge is to be framed. The distance between the two places is stated to be 225 kms. The applicant is stated to be not having any source of earning.

Considering the mitigating circumstances aforesaid and more particularly, taking into consideration the fact of applicant taking care of two minor children and who herself is not having any source of earning and the respondent having not come forward to resist the transfer application, the same is allowed and the petition under Section 13 (1) (ia) of the Hindu Marriage Act i.e. HMA/43/2025, titled ‘Vikash v/s Rajni, filed by the respondent-husband, stands transferred from the Family Court, Jhajjar to the Family Court (Camp Court), Pehowa, District Kurukshetra. The requisite record of the aforesaid case be sent by the Family Court, Jhajjar to the District and Sessions Judge, Kurukshetra.

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

			(ARCHANA PURI)
22.08.2025			JUDGE
Sonu
	Whether speaking/reasoned	:	Yes
	Whether reportable	:	Yes/No

Sonu 2025.08.25 15:40 I agree to specified portions of this document P&HHC