Neelam Vs Ankit — Maintenance and Alimony | Punjab & Haryana HC (2026)

Neelam Vs Ankit — Maintenance and Alimony | Punjab & Haryana HC (2026)

What the court decided

AI extract

Outcome

Petition under Section 13 of the Hindu Marriage Act, DMC/531/2025, transferred from the Family Court, Bhiwani to the court of competent jurisdiction at Jhajjar; Family Court, Bhiwani to send the requisite record to the District and Sessions Judge, Jhajjar for assignment to the Family Court, Jhajjar; parties directed to appear before the Family Court, Jhajjar within one month.

Issue for consideration

Whether the petition under Section 13 of the Hindu Marriage Act (DMC/531/2025) filed by the respondent-husband, pending before the Family Court, Bhiwani, should be transferred to the court of competent jurisdiction at Jhajjar.

Court's answer

Transfer application allowed: considering that the applicant is taking care of a toddler while having no source of earning, that another litigation arising from the broken marriage is already pending at Jhajjar wherein the respondent is appearing, and that the respondent did not resist the transfer application, the husband's petition under Section 13 of the Hindu Marriage Act (DMC/531/2025) stands transferred from the Family Court, Bhiwani to the court of competent jurisdiction at Jhajjar.

Ratio / Principle

The requisite record of DMC/531/2025 is to be sent by the Family Court, Bhiwani to the District and Sessions Judge, Jhajjar, who shall assign the petition to the Family Court, Jhajjar; the parties are directed to appear before the Family Court, Jhajjar within one month.

Detailed headnote1 paragraphs

Transfer of matrimonial petition — Hindu Marriage Act, Section 13 — Divorce petition DMC/531/2025 filed by husband ('Ankit v/s Neelam') pending before Family Court, Bhiwani — Transfer sought by wife to Jhajjar — Grounds: wife caring for son aged less than 1 year, no source of earning and dependent on brother after father's death, distance between the two places about 80 kms, and petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita already pending at Jhajjar wherein the respondent is making appearance — Respondent served but did not appear; proceeded against ex parte — Held: transfer application allowed; petition transferred from Family Court, Bhiwani to the court of competent jurisdiction at Jhajjar; record to be sent to District and Sessions Judge, Jhajjar for assignment to Family Court, Jhajjar; parties to appear before Family Court, Jhajjar within one month.

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TA-1308-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.114

TA-1308-2025 Date of Decision: 17.02.2026

NEELAM

....Applicant

Versus

ANKIT

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. Virat Rana, Advocate for the applicant.

None for the respondent.

ARCHANA PURI, J. (Oral)

As observed in the previous order, despite service, the respondent did not make appearance, on that date. Even today, he has not made appearance. As such, 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. DMC/531/2025, titled ‘Ankit v/s Neelam, filed by the respondent-husband, pending in the Family Court, Bhiwani and she seeks transfer of the same to the Court of competent jurisdiction at Jhajjar.

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 28.02.2024 and one son born from the said wedlock, who is less than 1 year old, is in the care and custody of the applicant. On account of matrimonial

SONU 2026.02.18 09:14 I attest to the accuracy and authenticity of this document

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TA-1308-2025

dispute, the parties are residing separate. The applicant is not having any source of earning and she is dependent upon her brother, as her father has since died. The distance between the two places is stated to be 80 kms. Even, she has filed petition under Section 144 of Bharatiya Nagarik Suraksha Sanhita, which is pending in the courts at Jhajjar and the respondent is making appearance in the same.

In view of the aforesaid submissions, more particularly, taking into consideration the fact of the applicant taking care of a toddler, while she herself having no source of earning and fact of one other litigation, arising from the broken marriage, already pending in the Courts at Jhajjar, wherein the respondent is making appearance and above it, respondent having not come forward to resist the transfer application, the same is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. DMC/531/2025, titled ‘Ankit v/s Neelam, filed by the respondent-husband, stands transferred from the Family Court, Bhiwani, to the court of competent jurisdiction at Jhajjar. The requisite record of the aforesaid case be sent by the Family Court, Bhiwani, to the District and Sessions Judge, Jhajjar.

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

17.02.2026			(ARCHANA PURI) JUDGE
Sonu Saini
	Whether speaking/reasoned	:	Yes
	Whether reportable	:	Yes/No

SONU 2026.02.18 09:14 I attest to the accuracy and authenticity of this document