Swati Narwal v. Gautam Panwar

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.121 Date of Decision: 11.02.2026 SWATI NARWAL ....Applicant

Versus

GAUTAM PANWAR .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As observed in the previous order, despite service, respondent had not made appearance. Even today, there is no representation on behalf of the respondent. As such, the respondent is hereby 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/417/2023, titled 'Gautam Panwar Vs. Swati Narwal', 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 Rohtak. It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 18.02.2018 and no child

was born from the estranged marriage. The applicant is not having any source of earning and she is dependent upon her parental family. She has also filed petition under Section 12 of Protection of Women from Domestic Violence Act, which is pending in the Courts at Rohtak and the respondent is making appearance in the same. Besides the same, the respondent is facing trial in criminal case, got registered at the instance of the applicant, which is also pending in the Courts at Rohtak. Also, counsel submits that the applicant has filed petition under Section 125 of Cr.P.C., which was contested by the respondent and the same was decided, in favour of the applicant. The maintenance fixed was never paid to the applicant and in such circumstances, the applicant was constrained to file execution petition, which is still pending. The distance between the two places is stated to be 130 kilometres.

In view of the aforesaid submissions, considering the fact of applicant not having any source of earning and two other litigation, more particularly, the criminal case, pending in the Courts at Rohtak and above it, the conduct of the respondent, about not paying maintenance, despite the Court's order and the execution being pending as well as his not coming forward to resist the transfer application, the same is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/417/2023, titled 'Gautam Panwar Vs. Swati Narwal', filed by the respondent-husband, stands transferred from the Family Court, Karnal, to the Court of competent jurisdiction at Rohtak. The requisite record of the aforesaid case be sent by the Family Court, Karnal, to the District and Sessions Judge, Rohtak.

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

(ARCHANA PURI) 11.02.2026 JUDGE Preeti S.

Whether speaking/reasoned :

Yes Whether reportable :

Yes/No