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High Court of Punjab and HaryanaTA/543/2025allowed

Neha Rani v. Pankaj Rathour

2025-10-29Mrs. Justice Archana Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.109 Date of Decision: 29.10.2025 NEHA RANI ....Applicant

Versus

PANKAJ RATHOUR .....Respondent

CORAM:

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

Mr. Ajay Kumar Rana, Advocate for the respondent.

***** ARCHANA PURI, J. (Oral) CM-7990-CII-2025 Keeping in view the averments made in the application, same is allowed.

CM-19755-CII-2025 The present application has been filed for placing on record the additional affidavit of the applicant.

In view of the averments made in the application, same is allowed and the additional affidavit of the applicant is taken on record. Main case Reply has not been filed. At this stage, counsel for the respondent submits that the respondent has no objection, if the transfer application is allowed.

Counsel for the parties 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/85/2025, titled 'Pankaj Rathour Vs. Neha Rani', filed by the respondent-husband, pending in the Family Court, Panchkula and she seeks transfer of the same to the Court of competent jurisdiction at Pehowa, District Kurukshetra.

From the contents of the application, it is evident that the son born from the wedlock of the parties, who is about 2 years old, is in the care and custody of the applicant, who herself is not having any source of earning. Besides the same, it is evident from the additional affidavit of the applicant, placed on record today itself, that the respondent is facing trial in the Courts at Pehowa, relating to FIR bearing No.188 dated 17.06.2025, under Sections 323, 406, 498-A and 506 IPC, got lodged by the applicant. Besides the same, the respondent is also making appearance in the petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which is also pending in the Courts at Pehowa.

In view of the aforesaid fact situation and considering the statement given by the counsel for the respondent; the fact of the applicant having the custody of the minor son and also considering the fact about other cases arising from the matrimonial dispute, already pending in the Courts at Pehowa, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/85/2025, titled 'Pankaj Rathour Vs. Neha Rani', filed by the respondent-husband, stands transferred from the Family Court, Panchkula, to the Court of competent jurisdiction at Pehowa, District Kurukshetra. The requisite record of the aforesaid case be sent by the Family Court, Panchkula, to the District and Sessions Judge, Kurukshetra.

Learned District and Sessions Judge, Kurukshetra, shall assign the said petition to the Family Court (Camp Court) Pehowa. Even, the parties are directed to appear before the Family Court (Camp Court) Pehowa, within a period of one month from today onwards. (ARCHANA PURI) 29.10.2025 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No