Nisha Rani v. Surender Kumar

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.205 Date of Decision: 06.02.2026 NISHA RANI ....Applicant

Versus

SURENDER KUMAR .....Respondent

CORAM:

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

Respondent proceeded against ex parte vide order dated 14.01.2026.

***** ARCHANA PURI, J. (Oral) 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/341/2025, titled 'Surender Kumar Vs. Nisha Rani', filed by the respondent-husband, pending in the Family Court (Camp Court) Naraingarh, District Ambala and she seeks transfer of the same to the Court of competent jurisdiction at Pehowa, Distrsict Kurukshetra. Upon notice issued, the respondent did not make appearance, despite service and as such, was proceeded against ex parte.

Counsel for the applicant heard.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 16.02.2023. One daughter was born from the said wedlock on 20.12.2023, who is in the care and custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. The applicant has no source of earning and she along with her daughter, is dependent upon her aged parents. Even, she has filed the petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which is pending in the Courts at Pehowa, at appearance stage. Also, she has filed a complaint before Superintendent of Police, Kurukshetra, which is also pending inquiry. The distance between the two places is stated to be 93 kms.

Considering the submissions aforesaid, more particularly, considering the fact of the applicant having custody of the minor child, while herself having no source of earning, taking into consideration the fact of one other case arising from this broken marriage, already pending in the Courts at Pehowa and above it, 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/341/2025, titled 'Surender Kumar Vs. Nisha Rani', filed by the respondent-husband, stands transferred from the Family Court (Camp Court) Naraingarh, District Ambala, to the Court of competent jurisdiction at Pehowa, District Kurukshetra. The requisite record of the aforesaid case be

sent by the Family Court (Camp Court) Naraingarh, 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) 06.02.2026 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No