Manisha Vs Bharat — Domestic Violence | Punjab & Haryana HC (2025)

Manisha Vs Bharat — Domestic Violence | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer application allowed: the husband's petition HMA/42/2025 ('Bharat v/s Manisha') transferred from the Family Court, Jhajjar to the Family Court (Camp Court), Pehowa, District Kurukshetra; the requisite record 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 directed to appear before the Family Court (Camp Court), Pehowa within one month.

Issue for consideration

Whether the divorce petition filed by the respondent-husband under Section 13(1)(ia) of the Hindu Marriage Act (HMA/42/2025, 'Bharat v/s Manisha'), pending in the Family Court, Jhajjar, should be transferred to the Family Court (Camp Court), Pehowa, District Kurukshetra, on the applicant-wife's application.

Court's answer

The transfer application is allowed, taking into consideration the mitigating circumstances — the applicant taking care of the minor daughter, her having no source of earning, and the respondent not coming forward to resist the transfer application.

Ratio / Principle

The husband's petition under Section 13(1)(ia) of the Hindu Marriage Act (HMA/42/2025, 'Bharat v/s Manisha') stands transferred from the Family Court, Jhajjar to the Family Court (Camp Court), Pehowa, District Kurukshetra.

Detailed headnote1 paragraphs

Punjab and Haryana High Court (Archana Puri, J., oral judgment dated 22.08.2025) allowed TA-416-2025 filed by the applicant-wife Manisha seeking transfer of the divorce petition instituted by the respondent-husband Bharat under Section 13(1)(ia) of the Hindu Marriage Act (HMA/42/2025, titled 'Bharat v/s Manisha') from the Family Court, Jhajjar to the Family Court (Camp Court), Pehowa, District Kurukshetra. Grounds recorded: the applicant takes care of the couple's daughter aged about 3 years and has no source of earning; the distance between the two places is stated to be 225 kms; related proceedings are pending near the applicant — a petition under Section 12 of the Protection of Women from Domestic Violence Act at Kurukshetra (still at appearance stage), a petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita at Pehowa (respondent proceeded ex parte), and a challan at Pehowa qua FIR No.19 dated 27.01.2025 under Sections 323, 406 and 498-A IPC (charge not yet framed). Despite service, the respondent did not appear and was proceeded against ex parte; he did not come forward to resist the transfer application. The Court allowed the transfer and directed that the requisite record 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 were directed to appear before that Court within one month.

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TA-416-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.216

TA-416-2025 Date of Decision: 22.08.2025

Manisha

....Applicant

Versus

Bharat

.....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/42/2025, titled ‘Bharat v/s Manisha, filed by the respondenthusband, 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 23.06.2019 and one daughter born from the said wedlock, who is aged about 3 years, is 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 has been filed, which is

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

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TA-416-2025

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 exparte in the same. Also, challan has been presented in the Courts at Pehowa, vis-a-vis , FIR No.19 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 the minor daughter, 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/42/2025, titled ‘Bharat v/s Manisha, 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