Pooja v. Pawan Kumar

Punjab & Haryana HC8 Aug 2025TA/625/2025

Case brief

AI extract

What is this about?

What did the court decide?

Transfer of the respondent-husband's petition under Section 9 of the Hindu Marriage Act (HMA/641/2023, 'Pawan Kumar v/s Pooja') from the Family Court, Jind to the Court of competent jurisdiction at Panipat; requisite record to be sent by the Family Court, Jind to the District and Sessions Judge, Panipat, who shall assign the petition to the Family Court, Panipat; parties directed to appear before the Family Court, Panipat within one month. ¶¶23

Pooja Vs Pawan Kumar — Maintenance and Alimony | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petition under Section 9 of the Hindu Marriage Act (HMA/641/2023) filed by the respondent-husband, pending in the Family Court, Jind, should be transferred to the Court of competent jurisdiction at Panipat.

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Court's answer

Taking into consideration the aforesaid mitigating circumstances and the respondent's failure to come forward to resist the transfer application despite service, the application is allowed.

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Ratio / Principle

The petition under Section 9 of the Hindu Marriage Act, HMA/641/2023 titled 'Pawan Kumar v/s Pooja', stands transferred from the Family Court, Jind to the Court of competent jurisdiction at Panipat.

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Key takeaways

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

Detailed headnote1 paragraphs

High Court of Punjab and Haryana at Chandigarh (Archana Puri, J., oral) allowed TA-625-2025 (O&M) preferred by the applicant-wife Pooja for transfer of her husband Pawan Kumar's petition under Section 9 of the Hindu Marriage Act (HMA/641/2023, 'Pawan Kumar v/s Pooja') from the Family Court, Jind to the Court of competent jurisdiction at Panipat. Grounds: marriage on 25.12.2018 with no child born; parties residing separate amid matrimonial dispute; applicant has no source of earning; her Section 125 Cr.P.C. petition and the trial on an FIR lodged against the respondent are pending at Panipat; distance between the two places is 85 kms; the respondent, though served, did not appear and was proceeded against ex parte. The requisite record is to be sent by the Family Court, Jind to the District and Sessions Judge, Panipat, who shall assign the petition to the Family Court, Panipat; parties directed to appear there within one month.

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TA-625-2025 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Sr. No.226

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TA-625-2025 (O&M) Date of Decision: 08.08.2025

POOJA

....Applicant

Versus

PAWAN KUMAR

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

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Present:Mr. Divyam Singh, Advocate for the applicant.

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None for the respondent.

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ARCHANA PURI, J. (Oral)

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Perusal of the paperbook reveals that on the last date of hearing, despite service, the respondent did not make appearance. Even today, he has not made appearance. As such, the respondent is proceeded against ex parte .

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The counsel for the applicant heard.

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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/641/2023 titled ‘Pawan Kumar v/s Pooja’, filed by the respondenthusband, pending in the Family Court, Jind and she seeks transfer of the same to the Court of competent jurisdiction at Panipat.

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At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties had taken place on 25.12.2018, but no child was born from the said wedlock. On account of the Sonu matrimonial dispute, the parties are residing separate. The applicant is not 2025.08.22 09:13 I agree to specified portions of this document P&HHC

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TA-625-2025 (O&M)

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having any source of earning. She has filed petition under Section 125 Cr.P.C., which is pending in the courts at Panipat. Even, she has got lodged FIR against the respondent, trial whereof is pending in the courts at Panipat. The distance between the two places is stated to be 85 kms.

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Considering the aforesaid mitigating circumstances and also 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 9 of the Hindu Marriage Act i.e. HMA/641/2023 titled ‘Pawan Kumar v/s Pooja’, filed by the respondent-husband, stands transferred from the Family Court, Jind to the Court of competent jurisdiction at Panipat. The requisite record of the aforesaid case be sent by the Family Court, Jind to the District and Sessions Judge, Panipat.

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

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(ARCHANA PURI) 08.08.2025 JUDGE Sonu Whether speaking/reasoned : Yes Whether reportable : Yes/No

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Sonu 2025.08.22 09:13 I agree to specified portions of this document P&HHC

Pooja v. Pawan Kumar

Case brief

What is this about?

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Pooja v. Pawan Kumar

Case brief

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