Yogita Vs Arun Kumar — Maintenance and Alimony | Punjab & Haryana HC (2025)

Yogita Vs Arun Kumar — Maintenance and Alimony | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer of the respondent-husband's petition under Section 13 (a) (i-a) of the Hindu Marriage Act, titled 'Arun Kumar v/s Yogita', from the Family Court, Rohtak to the Court of competent jurisdiction at Family Court, Jhajjar; transmission of the record to the District and Sessions Judge, Jhajjar; assignment of the petition by the District and Sessions Judge to the Family Court, Jhajjar; and direction to the parties to appear before the Family Court, Jhajjar within one month.

Issue for consideration

Whether the petition under Section 13 (a) (i-a) of the Hindu Marriage Act, titled 'Arun Kumar v/s Yogita', filed by the respondent-husband and pending in the Family Court, Rohtak, should be transferred to the court of competent jurisdiction at Jhajjar.

Court's answer

The transfer application is allowed; the respondent-husband's petition under Section 13 (a) (i-a) of the Hindu Marriage Act, titled 'Arun Kumar v/s Yogita', stands transferred from the Family Court, Rohtak to the Court of competent jurisdiction at Family Court, Jhajjar.

Ratio / Principle

The requisite record of the transferred case is to be sent by the Family Court, Rohtak to the District and Sessions Judge, Jhajjar.

Key takeaways

The learned District and Sessions Judge, Jhajjar shall assign the said petition to the Family Court, Jhajjar.ratio¶26
The parties are directed to appear before the Family Court, Jhajjar within a period of one month.ratio¶26

Detailed headnote1 paragraphs

Punjab and Haryana High Court (Archana Puri, J.), by oral order dated 07.08.2025 in TA-495-2025, allowed the applicant-wife's transfer application and directed that the petition under Section 13 (a) (i-a) of the Hindu Marriage Act, titled 'Arun Kumar v/s Yogita', filed by the respondent-husband and pending in the Family Court, Rohtak, stand transferred to the Court of competent jurisdiction at Family Court, Jhajjar. The respondent, though served, did not appear and was proceeded against ex parte vide order dated 04.08.2025. Considerations taken into account included that the marriage took place on 13.03.2015, the two children of the wedlock (age group 6-8 years) are in the care and custody of the applicant, who has no source of earning and depends on her parental family, and the applicant has a petition under Section 125 Cr.P.C. pending in the courts at Jhajjar. The Family Court, Rohtak was directed to send the requisite record to the District and Sessions Judge, Jhajjar, who was to assign the petition to the Family Court, Jhajjar; the parties were directed to appear before the Family Court, Jhajjar within one month.

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TA-495-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.253

TA-495-2025

Date of Decision: 07.08.2025

YOGITA

....Applicant

Versus

ARUN KUMAR

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. S.K.Tripathi, Advocate for the applicant.

Respondent ex parte, vide order dated 04.08.2025.

ARCHANA PURI, J. (Oral)

The applicant-wife has filed the present application for seeking transfer of the petition under Section 13 (a) (i-a) of the Hindu Marriage Act, titled ‘Arun Kumar v/s Yogita, 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 Jhajjar.

Upon notice, the respondent did not made appearance, despite service and was proceeded against ex parte .

Counsel for the applicant heard.

At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 13.03.2015 and two children born from the said wedlock, who are in the age group of 6-8 years, are in the care and custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. The applicant is

Sonu not having any source of earning and is dependant upon her parental family. 2025.08.08 18:51 I agree to specified portions of this document P&HHC

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TA-495-2025

The applicant has filed petition under Section 125 Cr.P.C., which is pending in the courts at Jhajjar and the respondent is pursuing the said petition.

Considering the mitigating circumstances aforesaid, more particularly, taking into consideration the fact of the respondent having not come forward to resist the transfer application, the same is allowed and the petition under Section 13 (a) (i-a) of the Hindu Marriage Act, titled ‘Arun Kumar v/s Yogita, filed by the respondent-husband, stands transferred from the Family Court, Rohtak to the Court of competent jurisdiction at Family Court, Jhajjar. The requisite record of the aforesaid case be sent by the Family Court, Rohtak to the District and Sessions Judge, Jhajjar.

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

			(ARCHANA PURI)
07.08.2025			JUDGE
Sonu
	Whether speaking/reasoned	:	Yes
	Whether reportable	:	Yes/No

Sonu 2025.08.08 18:51 I agree to specified portions of this document P&HHC