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High Court of Punjab and HaryanaTA/1315/2024allowed

Ritika Kohli v. Rahul Kohli

2025-08-11Mrs. Justice Archana Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.114 Date of Decision: 11.08.2025 RITIKA KOHLI ....Applicant

Versus

RAHUL KOHLI .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) Perusal of the paperbook reveals that for the last three dates, despite service, none has made appearance on behalf of the respondent. Even today, none has made appearance on his behalf. As such, the respondent is proceeded against ex parte.

Counsel for the applicant heard.

The applicant-mother has filed the present application for seeking transfer of the guardianship petition i.e. GW/6/2024, titled 'Rahul Kohli Vs. Ritika Kohli', filed by the respondent-father (husband of the

applicant), pending in the Family Court, Panchkula and she seeks transfer of the same to the Court of competent jurisdiction at Moga. It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 23.11.2017. One son born from the said wedlock, who is about 41⁄2 years old, is in the care and custody of the applicant. The applicant is unemployed and as such, has no source of earning. She had filed the petition under the Protection of Women from Domestic Violence Act and the petition under Section 125 Cr.P.C., which are pending in the Courts at Moga and the respondent is making appearance in both the said cases. Also, it has been brought to the notice of the Court that the applicant had earlier filed transfer application i.e.

TA-1601-2024, for seeking transfer of the petition under Section 9 of the Hindu Marriage Act and the same was allowed by this Court, vide order dated 06.08.2025, copy whereof has been produced today, which is taken on record. Considering the aforesaid mitigating circumstances and more particularly, when the respondent has not come forward to resist the application, as well as considering the fact of other cases arising from the matrimonial dispute, already pending in the Courts at Moga, the transfer application is allowed and the guardianship petition i.e. GW/6/2024, titled 'Rahul Kohli Vs. Ritika Kohli', filed by the respondent-father (husband of the applicant), stands transferred from the Family Court, Panchkula, to the Court of competent jurisdiction at Moga.

The requisite record of the aforesaid case be sent by the Family Court, Panchkula, to the District and Sessions Judge, Moga.

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

(ARCHANA PURI) 11.08.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No