Neetu Bala v. Mohit Kumar

TA-43-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.106 TA-43-2024 Date of Decision: 23.09.2025 NEETU BALA ....Applicant

Versus

MOHIT KUMAR .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Ritu Pathak, Legal Aid Counsel for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) Today, none has appeared on behalf of the respondent. Perusal of the paperbook reveals that on 29.04.2025, the respondent had made appearance through Mr. Pushpinder Singh, Advocate. However thereafter, none had appeared on behalf of the respondent and even reply has not been filed. 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 9 of the Hindu Marriage Act, titled 'Mohit Kumar Vs. Neetu Bala', filed by the respondent-husband, pending in the Family Court, Mansa and she seeks transfer of the same to the Court of competent jurisdiction at Fatehabad.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 15.04.2019. One son born from the said wedlock, who is about 5 years old, is in the care and custody Sonu 2025.09.24 08:50 I agree to specified portions of this document P&HHC

TA-43-2024 of the applicant. On account of the matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning. She has filed the petition under the Protection of Women from Domestic Violence Act, as well as the petition under Section 125 Cr.P.C., which are pending in the Courts at Fatehabad. The distance between the two places is about 100 kilometres.

In view of the aforesaid mitigating circumstances, more particularly, considering the fact of applicant taking care of the minor son; the distance between the two places 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 9 of the Hindu Marriage Act, titled 'Mohit Kumar Vs. Neetu Bala', filed by the respondenthusband, stands transferred from the Family Court, Mansa, to the Court of competent jurisdiction at Fatehabad. The requisite record of the aforesaid case be sent by the Family Court, Mansa, to the District and Sessions Judge, Fatehabad.

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

(ARCHANA PURI) 23.09.2025 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.09.24 08:50 I agree to specified portions of this document P&HHC