Arti Vs Harjinder Singh — Maintenance and Alimony | Punjab & Haryana HC (2025)

Arti Vs Harjinder Singh — Maintenance and Alimony | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer application allowed: the respondent-husband's Section 9 HMA petition (HMA/270/2024, titled 'Harjinder Singh v/s Aarti') transferred from Family Court, Nakodar to the Court of competent jurisdiction at Yamuna Nagar; requisite record to be sent to District and Sessions Judge, Yamuna Nagar for assignment to Family Court, Yamuna Nagar; parties to appear before Family Court, Yamuna Nagar within one month.

Issue for consideration

Whether the respondent-husband's petition under Section 9 of Hindu Marriage Act (HMA/270/2024, titled 'Harjinder Singh v/s Aarti') pending in Family Court, Nakodar should be transferred to the court of competent jurisdiction at Yamuna Nagar, in view of the applicant-wife's stated circumstances (minor child in her custody, dependence on parental family, criminal-law petition and FIR/trial against the respondent, and a commute of about 216 kms one side).

Court's answer

Keeping in view the aforesaid mitigating circumstances, and particularly the respondent's failure to come forward to resist the transfer application, the transfer application is allowed.

Ratio / Principle

The respondent, though duly served, made no appearance on 22.05.2025 and none again on the decision date; accordingly he was proceeded against ex parte.

Key takeaways

The petition under Section 9 of the Hindu Marriage Act (HMA/270/2024, titled 'Harjinder Singh v/s Aarti') filed by the respondent-husband stands transferred from the Family Court, Nakodar to the Court of competent jurisdiction at Yamuna Nagar.ratio¶¶23
The requisite record of the aforesaid case is to be sent by the Family Court, Nakodar to the District and Sessions Judge, Yamuna Nagar.ratio¶¶23
The learned District and Sessions Judge, Yamuna Nagar shall assign the said petition to the Family Court, Yamuna Nagar, and both parties are directed to appear before the Family Court, Yamuna Nagar within one month from the decision.

Detailed headnote1 paragraphs

Punjab & Haryana High Court at Chandigarh (Archana Puri, J.), TA-434-2025, decided 05.08.2025: Wife-applicant's application to transfer her husband's pending petition under Section 9 of Hindu Marriage Act (HMA/270/2024, titled 'Harjinder Singh v/s Aarti') from Family Court, Nakodar to the Court of competent jurisdiction at Yamuna Nagar allowed. Grounds recorded: marriage solemnized on 01.03.2021; a male child aged about 02 years in the applicant's care and custody; applicant has no independent source of earning and depends on her parental family; parties reside separately on account of matrimonial discord; applicant has filed a petition under Section 144 Bharatiya Nagarik Suraksha Sanhita in which the respondent appears; an FIR was registered against the respondent at Gandhi Nagar, District Yamuna Nagar with trial ongoing; and commuting about 216 kms (one side) to defend the Section 9 petition was difficult. The respondent, though served, was absent on 22.05.2025 and again on the decision date and was proceeded against ex parte; his non-appearance and failure to resist the transfer weighed with the Court. Family Court, Nakodar directed to send the requisite record to the District and Sessions Judge, Yamuna Nagar, who shall assign the petition to Family Court, Yamuna Nagar; both parties directed to appear before Family Court, Yamuna Nagar within one month.