Monika v. Kuldeep

TA-698-2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.202 TA-698-2024 (O&M) Date of Decision: 18.08.2025 MONIKA ....Applicant

Versus

KULDEEP .....Respondent

CORAM:

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

Respondent ex parte, vide order dated 08.07.2025. ***** ARCHANA PURI, J. (Oral) The applicant-wife has filed the present application for seeking transfer of the petition under Section 9 of the Hindu Marriage Act i.e. DMC/280/2023 titled 'Kuldeep v/s Monika', filed by the respondenthusband, pending in the Family Court (Camp Court) Gohana, District Sonepat and she seeks transfer of the same to the Court of competent jurisdiction at Rohtak.

Upon notice, the respondent did not make appearance and was proceeded against ex parte.

Counsel for the applicant heard.

At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties, had taken place on 08.12.2022 and one daughter born from the said wedlock, aged about 2 years is in the care and custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. The applicant has got lodged an Sonu 2025.08.19 09:56 I agree to specified portions of this document P&HHC

TA-698-2024 (O&M) FIR No.125 dated 02.03.2024 under Section 498-A, 376(2)(n), 377, 406, 506 and 34 IPC, in which challan has been presented and the respondent is facing trial in the courts at Rohtak. Even, petition under Section 125 Cr.P.C. filed by the applicant, is pending in the courts at Rohtak and the respondent is pursuing the same. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 40 kms, while taking care of the minor daughter.

In view of the aforesaid mitigating circumstances, more particularly, considering the fact of the respondent having not come forward to resist the transfer application and the fact that the applicant is taking care of the minor daughter, who herself is having no source of earning, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. DMC/280/2023 titled 'Kuldeep v/s Monika', filed by the respondent-husband, stands transferred from the Family Court (Camp Court), Gohana, District Sonepat to the Court of competent jurisdiction at Rohtak. The requisite record of the aforesaid case be sent by the Family Court (Camp Court), Gohana, 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) 18.08.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.08.19 09:56 I agree to specified portions of this document P&HHC