Sonia Vs Rakesh Kumar — Domestic Violence | Punjab & Haryana HC (2025)

Sonia Vs Rakesh Kumar — Domestic Violence | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer of petition DMC/345/2025 ('Rakesh Kumar Vs. Sonia') under Section 13 of the Hindu Marriage Act from the Family Court, Sonepat to the Court of competent jurisdiction at Rohtak; record to be sent to the District and Sessions Judge, Rohtak for assignment to the Family Court, Rohtak; parties to appear before the Family Court, Rohtak within one month.

Issue for consideration

Whether the transfer application filed by the applicant-wife for transfer of the petition under Section 13 of the Hindu Marriage Act (DMC/345/2025, titled 'Rakesh Kumar Vs. Sonia') from the Family Court, Sonepat to the Court of competent jurisdiction at Rohtak should be allowed.

Court's answer

The transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act, i.e. DMC/345/2025 titled 'Rakesh Kumar Vs. Sonia', filed by the respondent-husband, stands transferred from the Family Court, Sonepat to the Court of competent jurisdiction at Rohtak.

Ratio / Principle

Transfer was allowed considering that the applicant has no source of earning and is taking care of the minor son, that two litigations are already pending in the Courts at Rohtak, the respondent's conduct in not making payment of interim maintenance despite the order of the learned Family Court, and the fact that the respondent did not come forward to resist the application.

Key takeaways

Directions issued: the requisite record of DMC/345/2025 is to be sent by the Family Court, Sonepat to the District and Sessions Judge, Rohtak, who shall assign the said petition to the Family Court, Rohtak; the parties are directed to appear before the Family Court, Rohtak within a period of one month.ratio¶29

Detailed headnote1 paragraphs

Punjab and Haryana High Court at Chandigarh (Archana Puri, J., Oral), by decision dated 23.12.2025 in TA-824-2025, allowed the transfer application of the applicant-wife Sonia seeking transfer of the divorce petition under Section 13 of the Hindu Marriage Act, DMC/345/2025 titled 'Rakesh Kumar Vs. Sonia', filed by the respondent-husband Rakesh Kumar, from the Family Court, Sonepat to the Court of competent jurisdiction at Rohtak. The respondent, though served, did not appear and was proceeded against ex parte vide order dated 11.11.2025. The transfer was allowed considering that the applicant has no source of earning and is taking care of the couple's about 5-year-old son (marriage solemnized on 19.11.2019); that two litigations are already pending in the Courts at Rohtak, namely her Section 125 Cr.P.C. petition (interim maintenance of Rs.22,000/- fixed by the learned Family Court but paid only for one month and thereafter unpaid, and still contested by the respondent) and her petition under the Protection of Women from Domestic Violence Act (being pursued by the respondent); the respondent's conduct in not paying interim maintenance despite the Family Court's order; and his failure to come forward to resist the application. The requisite record is to be sent by the Family Court, Sonepat to the District and Sessions Judge, Rohtak, who shall assign the petition to the Family Court, Rohtak; the parties are directed to appear before the Family Court, Rohtak within one month. Marked speaking/reasoned: Yes.