Mamta Rani Vs Subhash Verma — Maintenance and Alimony | Punjab & Haryana HC (2025)

Mamta Rani Vs Subhash Verma — Maintenance and Alimony | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer of HMA/856/2024, 'Subhash Verma Vs. Mamta Rani', from the Family Court, Karnal to the Court of competent jurisdiction at Patiala; record to be transmitted via the District and Sessions Judge, Patiala to the Family Court, Patiala; parties to appear before the Family Court, Patiala within one month.

Issue for consideration

Whether the petition under Section 13 of the Hindu Marriage Act (HMA/856/2024) filed by the respondent-husband, pending in the Family Court, Karnal, should be transferred to the Court of competent jurisdiction at Patiala, in view of the applicant's meagre earnings, the pendency of her Section 125 Cr.P.C. maintenance petition at Patiala, and the distance of about 150 kilometres.

Court's answer

The transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act (HMA/856/2024) filed by the respondent-husband stands transferred from the Family Court, Karnal to the Court of competent jurisdiction at Patiala, considering the mitigating circumstances and the respondent's failure to resist the application.

Ratio / Principle

The requisite record of HMA/856/2024 is to be sent by the Family Court, Karnal to the District and Sessions Judge, Patiala.

Key takeaways

The learned District and Sessions Judge, Patiala is to assign the transferred petition to the Family Court, Patiala, and the parties are directed to appear before the Family Court, Patiala within one month.ratio¶25

Detailed headnote1 paragraphs

Transfer Application (TA-614-2025) allowed by the High Court of Punjab and Haryana. The respondent-husband's divorce petition under Section 13 of the Hindu Marriage Act (HMA/856/2024, 'Subhash Verma Vs. Mamta Rani'), pending in the Family Court, Karnal, stands transferred to the Court of competent jurisdiction at Patiala. Despite service, the respondent did not appear and was proceeded against ex parte. Grounds recorded: marriage solemnised 09.02.2019; one daughter aged about 6 years in the applicant-wife's custody; applicant's maintenance petition under Section 125 Cr.P.C. pending at Patiala at appearance stage; applicant working as a domestic helper earning Rs.6,000/-; distance of about 150 kilometres. Family Court, Karnal to send the record to the District and Sessions Judge, Patiala, who shall assign the petition to the Family Court, Patiala; parties directed to appear before the Family Court, Patiala within one month.

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TA-614-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.111

TA-614-2025 Date of Decision: 25.09.2025

MAMTA RANI

....Applicant

Versus

SUBHASH VERMA

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Ms. Sukhvir Gill, Advocate for the applicant.

None for the respondent.

ARCHANA PURI, J. (Oral)

As per the observations made in the order dated 15.09.2025, 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 .

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 i.e. HMA/856/2024, titled ‘Subhash Verma Vs. Mamta Rani’, filed by the respondent-husband, pending in the Family Court, Karnal and she seeks transfer of the same to the Court of competent jurisdiction at Patiala.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 09.02.2019. From the said wedlock, one daughter was born, who is aged about 6 years and she is in the care and custody of the applicant. On account of the matrimonial dispute,

Sonu 2025.09.26 16:16 I am the author of this document Chandigarh

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TA-614-2025

the parties are residing separate. The applicant has filed the petition under Section 125 Cr.P.C., for seeking maintenance, which is pending in the Courts at Patiala, at appearance stage. Also, it is submitted that the applicant is working as a domestic helper in 2-3 houses and earns an amount of Rs.6,000/-, which is very meagre. The distance between the two places is stated to be about 150 kilometres. Therefore, it is submitted that it is submitted for the applicant, to commute such a distance, to defend the divorce petition.

Considering the aforesaid mitigating circumstances and more particularly, considering the fact about the respondent having not come forward to resist the application, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/856/2024, titled ‘Subhash Verma Vs. Mamta Rani’, filed by the respondent-husband, stands transferred from the Family Court, Karnal, to the Court of competent jurisdiction at Patiala. The requisite record of the aforesaid case be sent by the Family Court, Karnal, to the District and Sessions Judge, Patiala.

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

(ARCHANA PURI) 25.09.2025 JUDGE Himanshu Vats

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

Sonu 2025.09.26 16:16 I am the author of this document Chandigarh