Monika Chauhan v. Muni Lal

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.108 Date of Decision: 20.11.2025 MONIKA CHAUHAN ....Applicant

Versus

MUNI LAL .....Respondent

CORAM:

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

Mr. G.S. Brar, Advocate for the respondent.

***** 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/342/2023, titled 'Muni Lal Vs. Monika Chauhan', filed by the respondent-husband, pending in the Family Court, Sri Muktsar Sahib and she seeks transfer of the same to the Court of competent jurisdiction at Nabha, District Patiala.

In pursuance of notice issued, the respondent made appearance through counsel. However, reply was not filed, despite several opportunities given.

Counsel for the parties heard.

At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 22.01.2015. Two sons were born from the said wedlock, who are in the age

group of 13-15 years. Both the children are in the care and custody of the applicant. However, on account of the matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning. Even, she has filed the petition under Section 125 Cr.P.C., which is pending in the Courts at Nabha and the respondent is making appearance in the same. The distance between the two places is stated to be about 195 kms. On the other hand, counsel for the respondent submits that the distance between the two places is only 150 kms. Further, it is submitted that if the application is allowed, it shall be difficult for the respondent also, to pursue the divorce petition.

In view of the submissions aforesaid, it is pertinent to mention that both the children born from the wedlock of the parties, are in the care and custody of the applicant, who herself has no source of earning. Even, the applicant has filed the petition under Section 125 Cr.P.C., which is pending in the Courts at Nabha and the respondent is making appearance in the same.

Considering the distance between the two places to be about 195 kms., though, the counsel for the respondent asserts about it to be about 150 kms. and also considering the fact of both the children residing with the applicant, the transfer application is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/342/2023, titled 'Muni Lal Vs. Monika Chauhan', filed by the respondent-husband, stands transferred from the Family Court, Sri Muktsar Sahib, to the Court of competent jurisdiction at Nabha, District Patiala. The requisite record of the aforesaid case be sent

by the Family Court, Sri Muktsar Sahib, to the District and Sessions Judge, Patiala.

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

(ARCHANA PURI) 20.11.2025 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No