Nidhi Singh Vs Mahavir Chaudhary — Domestic Violence | Punjab & Haryana HC (2025)

Nidhi Singh Vs Mahavir Chaudhary — Domestic Violence | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer of the petition under Section 13 of the Hindu Marriage Act (HMA/1155/2023, titled ‘Mahavir Chaudhary Vs. Nidhi Singh’) filed by the respondent-husband from the Family Court, Sirsa to the Court of competent jurisdiction at Narnaul; requisite record to be sent by the Family Court, Sirsa to the District and Sessions Judge, Narnaul, who shall assign the petition to the Family Court, Narnaul; parties to appear before the Family Court, Narnaul within one month; respondent may seek permission to appear through virtual mode.

Issue for consideration

Whether the divorce petition under Section 13 of the Hindu Marriage Act (HMA/1155/2023) filed by the respondent-husband and pending in the Family Court, Sirsa should be transferred to the Court of competent jurisdiction at Narnaul for the convenience of the applicant-wife.

Court's answer

In allowing the transfer, the court considered that generally courts lean towards the convenience of the wife in transfer applications relating to matrimonial disputes, particularly where the respondent does not come forward to resist the application; further considered the applicant's lack of any source of earning and the distance between the two places.

Ratio / Principle

The transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act (HMA/1155/2023, titled ‘Mahavir Chaudhary Vs. Nidhi Singh’) filed by the respondent-husband stands transferred from the Family Court, Sirsa to the Court of competent jurisdiction at Narnaul.

Key takeaways

The requisite record of the transferred case is to be sent by the Family Court, Sirsa to the District and Sessions Judge, Narnaul.ratio¶23
The learned District and Sessions Judge, Narnaul is to assign the transferred petition to the Family Court, Narnaul.ratio¶24
The parties are directed to appear before the Family Court, Narnaul within a period of one month.ratio

Detailed headnote1 paragraphs

Punjab and Haryana High Court at Chandigarh (Hon'ble Mrs. Justice Archana Puri), Transfer Application TA-50-2024, decided 06.05.2025 (oral): Applicant-wife Nidhi Singh sought transfer of the divorce petition filed by respondent-husband Mahavir Chaudhary under Section 13 of the Hindu Marriage Act (HMA/1155/2023, titled ‘Mahavir Chaudhary Vs. Nidhi Singh’) from the Family Court, Sirsa to the Court of competent jurisdiction at Narnaul. The respondent, served with notice, did not appear and was proceeded against ex parte vide order dated 29.04.2025. Grounds advanced by counsel: marriage on 28.10.2012 with no child; applicant residing with her aged parents at the parental place with no source of earning and dependent on her parental family; pending Section 125 Cr.P.C. petition (MNT-125/1/2024) and Section 12 Protection of Women from Domestic Violence Act petition (COMA/04/2024) at Narnaul in which the respondent had made appearance; and a distance of about 270 kilometres between Narnaul and Sirsa on one side. Considering these submissions, the court's stated leaning towards the convenience of the wife in matrimonial transfer applications, the absence of resistance by the respondent, the applicant's lack of earnings and the inter-se distance, the transfer application was ALLOWED and the petition stands transferred from the Family Court, Sirsa to the Court of competent jurisdiction at Narnaul. The requisite record is to be sent by the Family Court, Sirsa to the District and Sessions Judge, Narnaul, who shall assign the petition to the Family Court, Narnaul; parties to appear before the Family Court, Narnaul within one month; the respondent retains an option to seek permission to appear through virtual mode, with the court concerned to pass an appropriate order. Marked 'Whether speaking/reasoned : Yes'.