Poonam Rani Vs Praveen Kumar — Domestic Violence | Punjab & Haryana HC (2025)

Poonam Rani Vs Praveen Kumar — Domestic Violence | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer of petition No. HMA-324-2024 ('Parveen Kumar vs. Poonam Rani') under Section 13 of the Hindu Marriage Act from the Family Court, Bahadurgarh to the Court of competent jurisdiction at Rewari; requisite record to be sent by the Family Court, Bahadurgarh to the District and Sessions Judge, Rewari, who shall assign the petition to the Family Court, Rewari; parties directed to appear before the Family Court, Rewari within one month.

Issue for consideration

Whether the petition under Section 13 of the Hindu Marriage Act (No. HMA-324-2024, 'Parveen Kumar vs. Poonam Rani') pending in the Family Court, Bahadurgarh should be transferred to the Court of competent jurisdiction at Rewari.

Court's answer

Transfer application allowed: taking into consideration the applicant taking care of the minor child, who is school going, and the respondent having not come forward to resist the transfer application, the petition under Section 13 of the Hindu Marriage Act (No. HMA-324-2024, 'Parveen Kumar vs. Poonam Rani') stands transferred from the Family Court, Bahadurgarh to the Court of competent jurisdiction at Rewari.

Ratio / Principle

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

Key takeaways

The District and Sessions Judge, Rewari shall assign the transferred petition to the Family Court, Rewari.ratio¶23
Both parties are directed to appear before the Family Court, Rewari within a period of one month.ratio¶27

Detailed headnote1 paragraphs

Transfer application allowed — High Court of Punjab and Haryana at Chandigarh, TA-578-2025(O&M), decided September 02, 2025 (Archana Puri, J.). Applicant-wife Poonam Rani sought transfer of the petition under Section 13 of the Hindu Marriage Act filed by respondent-husband Praveen Kumar (No. HMA-324-2024, titled 'Parveen Kumar vs. Poonam Rani'), pending in the Family Court, Bahadurgarh, to the Court of competent jurisdiction at Rewari. The respondent made no appearance despite service (non-appearance noted in the order dated 07.08.2025 and again on the hearing date) and was proceeded against ex parte. Circumstances considered by the Court: the applicant's care and custody of the daughter aged about 4½ years (marriage solemnised 17.05.2019), the child schooling at Rishikulam Play School, Bawal, the applicant's job in DHBVN on DC rates at Bawal, the stated 90 km distance, and the respondent's failure to come forward to resist the transfer application. The petition stands transferred to the Court of competent jurisdiction at Rewari; the Family Court, Bahadurgarh is to send the requisite record to the District and Sessions Judge, Rewari, who shall assign the petition to the Family Court, Rewari; both parties are directed to appear before the Family Court, Rewari within one month. The applicant also has pending petitions under Section 12 of the Protection of Women from Domestic Violence Act (Bawal) and under Section 125 Cr.P.C. (Rewari), both at appearance stage.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

219

TA-578-2025(O&M) Date of Decision: September 02, 2025

Poonam Rani

...Applicant

Versus

Praveen Kumar

...Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present: Mr.Sunil Kumar Pandey, Advocate for the applicant.

None for the respondent.

ARCHANA PURI, J.

As observed in the order dated 07.08.2025, none had made appearance on behalf of the respondent, despite service. Even, today none has made appearance on behalf of the respondent. As such, the respondent is proceeded against ex parte .

Counsel for the applicant heard.

The applicant-wife has filed the present application for seeking transfer of the petition under Section 13 of the Hindu Marriage Act, filed by respondent-husband bearing No.HMA-324-2024, titled ‘Parveen Kumar vs. Poonam Rani’, which is pending in the Family Court, Bahadurgarh and she seeks transfer of the same to the Court of competent jurisdiction at Rewari.

VINEET GULATI 2025.09.04 11:53 I attest to the accuracy and authenticity of this document Chandigarh

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TA-578-2025

It is submitted by learned counsel for the applicant that marriage between the parties had taken place on 17.05.2019 and one daughter born from the said wedlock, who is aged about 4½ years, is in the care and custody of the applicant. On account of matrimonial dispute, the parties are residing separate. The applicant has also filed petition under Section 12 of the Protection of Women from Domestic Violence Act as well as petition under Section 125 Cr.P.C., which are pending in the Courts at Bawal and Rewari, respectively and the same are at appearance stage.

Also, it is submitted that the daughter of the applicant is studying in Rishikulam Play School, Bawal and the applicant is doing job in DHBVN on DC rates at Bawal. The distance between the two places is stated to be 90 kms.

In view of the aforesaid mitigating circumstances, more particularly, taking into consideration the fact of applicant taking care of the minor child, who is school going and also further, about the respondent, having not come forward to resist the transfer application, the transfer application is hereby allowed and the petition under Section 13 of the Hindu Marriage Act, filed by respondent-husband bearing No.HMA-324-2024, titled ‘Parveen Kumar vs. Poonam Rani’ , stands transferred from the Family Court, Bahadurgarh, to the Court of competent jurisdiction at Rewari. The requisite record of the aforesaid case be sent by the Family Court, Bahadurgarh, to the District and Sessions Judge, Rewari.

Learned District and Sessions Judge, Rewari, shall assign the said petition to the Family Court, Rewari. Even, the parties are directed to

VINEET GULATI 2025.09.04 11:53 I attest to the accuracy and authenticity of this document Chandigarh

TA-578-2025

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appear before the Family Court, Rewari, within a period of one month from today onwards.

September 02, 2025 (ARCHANA PURI) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No

VINEET GULATI 2025.09.04 11:53 I attest to the accuracy and authenticity of this document Chandigarh