Aarti v. Sompal

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.113 Date of Decision: 11.09.2025 AARTI ....Applicant

Versus

SOMPAL .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Yashveer Kharb, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) None has appeared on behalf of the respondent. Even on 19.08.2025, when the case was fixed for service of the respondent, it was observed that despite service, the respondent did not make appearance and the case was further adjourned for 01.09.2025. However, on the said date also, the respondent did not make 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/1083/2024, titled 'Sompal Vs. Aarti', 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 Panipat. It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 29.11.2019. Two daughter were born from the said wedlock, who are in the care and custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. The applicant herself is not having any source of earning. She has got lodged an FIR bearing No.1 dated 04.01.2025, under Sections 323, 406, 498-A and 506 IPC, wherein challan has been presented in the Courts at Panipat. The respondent has already made appearance in the same. The distance between the two places is stated to be about 50 kilometres. Furthermore, it is submitted that after filing of present application, the petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the applicant, which is also pending in the Courts at Panipat.

In view of aforesaid mitigating circumstances, more particularly, considering the applicant to be taking care of two daughters, while herself having no source of earning and also 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/1083/2024, titled 'Sompal Vs. Aarti', filed by the respondent-husband, stands transferred from the Family Court, Karnal, to the Court of competent jurisdiction at Panipat. The requisite record of the aforesaid case be sent by the Family Court, Karnal, to the District and Sessions Judge, Panipat.

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.

(ARCHANA PURI) 11.09.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No