Pooja Kumari Vs Hitesh Kumar — Domestic Violence | Punjab & Haryana HC (2026)

Pooja Kumari Vs Hitesh Kumar — Domestic Violence | Punjab & Haryana HC (2026)

What the court decided

AI extract

Outcome

Ex parte allowance of the transfer application: petition HMA/12634/2024 ('Hitesh Kumar v/s Puja Kumari') under Section 9 of the Hindu Marriage Act transferred from the Family Court, Ludhiana to the court of competent jurisdiction at Kapurthala; requisite record to be sent by the Family Court, Ludhiana to the District and Sessions Judge, Kapurthala for assignment to the Family Court, Kapurthala; both parties directed to appear before the Family Court, Kapurthala within one month.

Issue for consideration

Whether the respondent-husband's pending petition under Section 9 of the Hindu Marriage Act (HMA/12634/2024, 'Hitesh Kumar v/s Puja Kumari') before the Family Court, Ludhiana should be transferred to the court of competent jurisdiction at Kapurthala.

Ratio / Principle

The transfer application was allowed on the grounds that two other cases arising from the estranged marriage were already pending at Sub Division level and District Head Quarter and were being pursued by the respondent, and above it the respondent had not come forward to resist the transfer application.

Key takeaways

The petition under Section 9 of the Hindu Marriage Act, HMA/12634/2024 titled 'Hitesh Kumar v/s Puja Kumari', filed by the respondent-husband, stands transferred from the Family Court, Ludhiana to the court of competent jurisdiction at Kapurthala.ratio¶24
The requisite record of the transferred case is to be sent by the Family Court, Ludhiana to the District and Sessions Judge, Kapurthala.ratio¶24
The learned District and Sessions Judge, Kapurthala shall assign the transferred petition to the Family Court, Kapurthala.

Detailed headnote1 paragraphs

High Court of Punjab and Haryana at Chandigarh (Archana Puri, J., oral; decided 30.01.2026) allowed — the respondent having been proceeded against ex parte vide order dated 28.11.2025 — the applicant-wife Puja Kumari's transfer application (TA-108-2025) seeking transfer of her husband Hitesh Kumar's pending petition under Section 9 of the Hindu Marriage Act (HMA/12634/2024, 'Hitesh Kumar v/s Puja Kumari') from the Family Court, Ludhiana to the court of competent jurisdiction at Kapurthala. Grounds considered by the Court: two other cases arising from the estranged marriage — a petition under Section 12 of the Protection of Women from Domestic Violence Act at Sultanpur Lodhi, District Kapurthala and a petition under Section 13 of the Hindu Marriage Act at Kapurthala, in both of which the respondent makes appearance — already pending at Sub Division level and District Head Quarter and being pursued by the respondent; counsel further submitted that the applicant works as Trackman at Railway Junction, Lohia, District Jalandhar and that the distance involved is stated to be 110 kms. Directions: the requisite record to be sent by the Family Court, Ludhiana to the District and Sessions Judge, Kapurthala, who shall assign the petition to the Family Court, Kapurthala; parties to appear there within one month. Marked speaking/reasoned: Yes; reportable: Yes/No.

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TA-108-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.213

TA-108-2025 Date of Decision: 30.01.2026

PUJA KUMARI

....Applicant

Versus

HITESH KUMAR

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. Avtar S. Khinda, Advocate for the applicant.

Respondent proceeded against ex parte vide order dated 28.11.2025.

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/12634/2024 titled ‘Hitesh Kumar v/s Puja Kumari’, filed by the respondent-husband, pending in the Family Court, Ludhiana and she seeks transfer of the same to the Court of competent jurisdiction at Kapurthala.

Upon notice issued, the respondent did not make appearance and was proceeded against ex parte .

Counsel for the applicant heard.

At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 27.01.2023 but no child was born from the said wedlock. The applicant is working as Trackman at Railway Junction, Lohia, District Jalandhar. Even,

PREETI 2026.01.31 10:09 I attest to the accuracy and authenticity of this document

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TA-108-2025

she has filed petition under Section 12 of Protection of Women from Domestic Violence Act, which is pending in the courts at Sultanpur Lodhi, District Kapurthala as well as petition under Section 13 of Hindu Marriage Act, which is pending in the courts at Kapurthala. In both the said cases, the respondent is making appearance. The distance between the two places is stated to be 110 kms.

In view of the submissions aforesaid, more particularly, considering the two other cases arising from the estranged marriage, to be already pending at Sub Division level and District Head Quarter, which are being pursued by the respondent and above it the respondent not having 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/12634/2024 titled ‘Hitesh Kumar v/s Puja Kumari’, filed by the respondent-husband, stands transferred from the Family Court, Ludhiana, to the court of competent jurisdiction at Kapurthala. The requisite record of the aforesaid case be sent by the Family Court, Ludhiana, to the District and Sessions Judge, Kapurthala.

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

(ARCHANA PURI) 30.01.2026 JUDGE Sonu Saini

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

PREETI 2026.01.31 10:09 I attest to the accuracy and authenticity of this document