Amita Vs Amandeep Kumar — Maintenance and Alimony | Punjab & Haryana HC (2025)

Amita Vs Amandeep Kumar — Maintenance and Alimony | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer of petition HMA/301/2024 ('Amandeep Kumar Vs. Amita') under Section 9 of the Hindu Marriage Act from the Family Court, Sri Muktsar Sahib to the Court of competent jurisdiction at Faridkot; requisite record to be sent to the District and Sessions Judge, Faridkot for assignment to the Family Court, Faridkot; parties directed to appear before the Family Court, Faridkot within one month.

Issue for consideration

Whether the petition under Section 9 of the Hindu Marriage Act (HMA/301/2024, 'Amandeep Kumar Vs. Amita') filed by the respondent-husband and pending in the Family Court, Sri Muktsar Sahib, should be transferred to the Court of competent jurisdiction at Faridkot, given the applicant-wife's circumstances (custody of the minor child, absence of independent income, and her other pending litigations at Faridkot).

Court's answer

The transfer application is allowed in view of the fact situation — the about 2-year-old child in the applicant's care and custody, the applicant having no source of earning, and two other litigations arising from the broken marriage pending in the Courts at Faridkot with the respondent making appearance in the divorce petition.

Ratio / Principle

The petition under Section 9 of the Hindu Marriage Act, HMA/301/2024, titled 'Amandeep Kumar Vs. Amita', filed by the respondent-husband, stands transferred from the Family Court, Sri Muktsar Sahib, to the Court of competent jurisdiction at Faridkot.

Key takeaways

The requisite record of the transferred case is to be sent by the Family Court, Sri Muktsar Sahib, to the District and Sessions Judge, Faridkot.ratio¶¶29
The learned District and Sessions Judge, Faridkot, shall assign the said petition to the Family Court, Faridkot.ratio¶¶30
The parties are directed to appear before the Family Court, Faridkot, within a period of one month.ratio

Detailed headnote1 paragraphs

Transfer Application TA-529-2025, High Court of Punjab and Haryana at Chandigarh, decided 09.12.2025 (Archana Puri, J., Oral) — speaking/reasoned: Yes. The applicant-wife (Amita) sought transfer of the petition under Section 9 of the Hindu Marriage Act (HMA/301/2024, 'Amandeep Kumar Vs. Amita') filed by the respondent-husband (Amandeep Kumar), pending in the Family Court, Sri Muktsar Sahib, to the Court of competent jurisdiction at Faridkot. Grounds accepted: the about 2-year-old daughter of the estranged marriage (solemnized 06.07.2022) is in the applicant's sole care and custody; the applicant has no source of earning; her Section 125 Cr.P.C. petition (at appearance stage) and her Section 13 HMA divorce petition (HMA/301/2024) are already pending at Faridkot, where the respondent is making appearance; the inter-se distance is only about 45-50 kms. The respondent, proceeded against ex parte vide order dated 27.11.2025, did not pursue the application. Transfer allowed; record to be sent to the District and Sessions Judge, Faridkot for assignment to the Family Court, Faridkot; parties to appear there within one month.

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TA-529-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.204

TA-529-2025 Date of Decision: 09.12.2025

AMITA

....Applicant

Versus

AMANDEEP KUMAR

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. Surinder Garg, Advocate for the applicant.

Respondent proceeded against ex parte vide order dated 27.11.2025.

ARCHANA PURI, J. (Oral)

The applicant-wife has filed the present application for seeking transfer of the petition under Section 9 of the Hindu Marriage Act i.e. HMA/301/2024, titled ‘Amandeep Kumar Vs. Amita’, filed by the respondent-husband, pending in the Family Court, Sri Muktsar Sahib and she seeks transfer of the same to the Court of competent jurisdiction at Faridkot.

In pursuance of notice issued, at first instance, though the respondent had made appearance through counsel, who had filed memorandum of appearance, but however, thereafter, he did not make appearance and as such, was proceeded against ex parte .

Counsel for the applicant heard.

It is submitted by the counsel for the applicant that the marriage Sonu between the parties to the lis, was solemnized on 06.07.2022. However, on 2025.12.10 16:27 I attest to the accuracy and authenticity of this document

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TA-529-2025

account of the matrimonial dispute, the parties are residing separate. The daughter born from the estranged marriage, who is about 2 years old, is in the care and custody of the applicant. Also, it is submitted that the petition under Section 125 Cr.P.C., filed at the instance of the applicant, is pending in the Courts at Faridkot, at appearance stage. Furthermore, counsel submits that the petition under Section 13 of the Hindu Marriage Act i.e. HMA/301/2024, filed by the applicant, is also pending in the Courts at Faridkot and the respondent is making appearance in the same. The distance between the two places is stated to be about 45-50 kms.

On query by this Court, it is disclosed by the counsel that the applicant is not having any source of earning, though, it has not been specifically mentioned in the application.

In view of the submissions aforesaid, it is pertinent to mention that the child born from the estranged marriage, who is about 2 years old, is in the care and custody of the applicant, who herself has no source of earning. Even, two other litigations, arising from this broken marriage, are pending in the Courts at Faridkot and in the divorce petition, the respondent is making appearance. Above it, the respondent has not pursued the present application.

Keeping in view the aforesaid fact situation, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/301/2024, titled ‘Amandeep Kumar Vs. Amita’, filed by the respondent-husband, stands transferred from the Family Court, Sri Muktsar Sahib, to the Court of competent jurisdiction at Faridkot. The

Sonu 2025.12.10 16:27 I attest to the accuracy and authenticity of this document

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TA-529-2025

requisite record of the aforesaid case be sent by the Family Court, Sri Muktsar Sahib, to the District and Sessions Judge, Faridkot.

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

09.12.2025

(ARCHANA PURI) JUDGE

Himanshu Vats

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

Sonu 2025.12.10 16:27 I attest to the accuracy and authenticity of this document