Savita Rani v. Surya Partap Alias Surya Partap Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.241 Date of Decision: 11.11.2025 SAVITA RANI ....Applicant

Versus

SURYA PARTAP ALIAS SURYA PARTAP SINGH .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 31.10.2025, despite service, the respondent did not make appearance on that date. Even today, he has not made 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/1272/2024, titled 'Surya Partap Vs. Savita Rani', filed by the respondent-husband, pending in the Family Court, Ambala and she seeks transfer of the same to the Court of competent jurisdiction at Panchkula. At the very outset, it is submitted by the counsel for the

applicant that on account of the matrimonial dispute, the parties are residing separate. The applicant is not doing any work, even though, she was earlier assisting her husband, who is doing real estate business, as an Architect. Now, the applicant is not doing any work. One son born from the wedlock of the parties, who is about 2 years old, is in the care and custody of the applicant. Also, it is submitted that FIR bearing No.47 dated 11.09.2024, under Sections 406, 498-A and 506 IPC, was got lodged by the applicant against the respondent and challan has been presented therein. The respondent is facing trial in the said criminal case. Even, the applicant has filed the petition under Section 125 Cr.P.C.

, for seeking maintenance for herself and the minor son, which is pending in the Courts at Panchkula and the respondent is making appearance in the same. In view of the mitigating circumstances aforesaid, more particularly, considering the applicant, who herself is not having any source of earning, to be taking care of the son born from wedlock of the parties, who is minor and also taking into consideration the two other cases already pending in the Courts at Panchkula, which are being pursued by the respondent, more particularly, the criminal case, wherein he is making appearance on each and every date of hearing, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/1272/2024, titled 'Surya Partap Vs.

Savita Rani', filed by the respondent-husband, stands transferred from the Family Court, Ambala, to the Court of competent jurisdiction at Panchkula. The requisite record of the aforesaid case be sent by the Family Court, Ambala, to the District and Sessions Judge, Panchkula.

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

(ARCHANA PURI) 11.11.2025 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No