Allowed¶24

Sapna @ Manju v. Deepak

Punjab & Haryana HC8 Sept 2025TA/439/2025

Case brief

AI extract

What is this about?

Keywords: transfer petition; matrimonial dispute; Section 13 Hindu Marriage Act petition transfer; DMC/439/2024 'Deepak Vs. Sapna'; Family Court Rohtak to Ganaur, District Sonepat; convenience of wife; custody of minor children; Section 125 Cr.P.C. maintenance MNT/33/2024; FIR No.208/2024 Sections 323, 406, 498-A, 506 IPC; Police Station HSIIDC Barhi; ex parte proceedings; Camp Court; TA-439-2025; High Court of Punjab and Haryana; Archana Puri, J.; 08.09.2025.

What did the court decide?

Petition DMC/439/2024 ('Deepak Vs. Sapna') under Section 13 of the Hindu Marriage Act transferred from the Family Court, Rohtak to the Court of competent jurisdiction at Ganaur, District Sonepat; requisite record to be sent to the District and Sessions Judge, Sonepat for assignment to the Family Court (Camp Court), Ganaur; parties to appear there within one month.

Sapna @ Manju Vs Deepak — Maintenance and Alimony | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petition under Section 13 of the Hindu Marriage Act, DMC/439/2024 titled 'Deepak Vs. Sapna', filed by the respondent-husband and pending in the Family Court, Rohtak, should be transferred to the Court of competent jurisdiction at Ganaur, District Sonepat.

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Court's answer

The transfer application is allowed.

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Ratio / Principle

The husband's petition under Section 13 of the Hindu Marriage Act (DMC/439/2024, 'Deepak Vs. Sapna') stands transferred from the Family Court, Rohtak to the Court of competent jurisdiction at Ganaur, District Sonepat.

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Key takeaways

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

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Archana Puri, J., oral; decision dated 08.09.2025) allowed TA-439-2025 filed by Sapna @ Manju (applicant-wife): the petition under Section 13 of the Hindu Marriage Act, DMC/439/2024, titled 'Deepak Vs. Sapna', filed by the respondent-husband Deepak and pending in the Family Court, Rohtak, stands transferred to the Court of competent jurisdiction at Ganaur, District Sonepat. Grounds recorded: marriage of 15.12.2017 with two children (about 3 and 5 years old) in the applicant's care and custody; applicant only 12th pass with no source of earning, wholly dependent on her parental family; her Section 125 Cr.P.C. petition (MNT/33/2024) already pending at Ganaur where the respondent appears; respondent facing trial at Ganaur in FIR No.208 dated 23.08.2024 under Sections 323, 406, 498-A and 506 IPC got lodged by the applicant at Police Station HSIIDC Barhi, District Sonepat; distance between the two places alleged to exceed 75 kilometres; respondent unrepresented and proceeded against ex parte. Directions: Family Court, Rohtak to send the requisite record to the District and Sessions Judge, Sonepat; the petition to be assigned to the Family Court (Camp Court), Ganaur; parties to appear there within one month.

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TA-439-2025

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Sr. No.224

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TA-439-2025

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Date of Decision: 08.09.2025

SAPNA @ MANJU

....Applicant

Versus

DEEPAK

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

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Present:Mr. Satpal Bhasin, Advocate for the applicant.

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None for the respondent.

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ARCHANA PURI, J. (Oral)

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As per the observations made in the order dated 14.05.2025, 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 .

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Counsel for the applicant heard.

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The applicant-wife has filed the present application for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. DMC/439/2024, titled ‘Deepak Vs. Sapna’, filed by the respondent-husband, pending in the Family Court, Rohtak and she seeks transfer of the same to the Court of competent jurisdiction at Ganaur, District Sonepat.

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Sonu 2025.09.09 09:56 I agree to specified portions of this document P&HHC

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TA-439-2025

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It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 15.12.2017. Two children born from the said wedlock, who are about 3 years and 5 years old, are in the care and custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. The applicant is only 12^th pass and has no source of earning. She along with her children is totally dependent upon her parental family. Even, she has filed the petition under Section 125 Cr.P.C. i.e. MNT/33/2024, which is pending in the Courts at Ganaur and the respondent is making appearance in the same. Besides the same, the respondent is facing trial in the Courts at Ganaur, relating to FIR bearing No.208 dated 23.08.2024, under Sections 323, 406, 498-A and 506 IPC, got lodged by the applicant at police Station HSIIDC Barhi, District Sonepat. The distance between the two places is alleged to be more than 75 kilometres.

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Considering the aforesaid mitigating circumstances, more particularly, while the respondent has not come forward to resist the application and also taking into consideration the pending criminal case, wherein the respondent is required to make appearance, on each and every date of hearing, at Ganaur, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. DMC/439/2024, titled ‘Deepak Vs. Sapna’, filed by the respondent-husband, stands transferred from the Family Court, Rohtak, to the Court of competent jurisdiction at Ganaur, District Sonepat. The requisite record of the aforesaid case be sent by the Family Court, Rohtak, to the District and Sessions Judge, Sonepat.

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Sonu 2025.09.09 09:56 I agree to specified portions of this document P&HHC

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TA-439-2025

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

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(ARCHANA PURI) 08.09.2025 JUDGE Himanshu

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

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Sonu 2025.09.09 09:56 I agree to specified portions of this document P&HHC

Sapna @ Manju v. Deepak

Case brief

What is this about?

What did the court decide?

Sapna @ Manju v. Deepak

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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