Ritika Kohli v. Rahul

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH TA-1601-2024(O&M) Date of Decision: August 06, 2025 Ritika Kohli ...Applicant

Versus

Rahul

...Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI

Present:

Mr.Mayur Singla, Advocate for the applicant.

None for the respondent.

**** ARCHANA PURI, J.

Perusal of the paperbook reveals that, at first instance, the respondent had made appearance through counsel, but thereafter, on 22.07.2025 and 29.07.2025, none had made appearance on behalf of the respondent. Even today, none has appeared on behalf of the respondent, nor the reply has 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, filed by respondent-husband bearing No.HMA-90-2024, titled 'Rahul vs. Ritika

TA-1601-2024 -2Kohli', which is 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 learned counsel for the applicant that marriage between the parties to the lis, had taken place on 23.11.2017 and one son was born from the said wedlock, who is about 41⁄2 years old and is in care and custody of the applicant. On account of matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning, as per additional affidavit filed. Further, it is submitted that the applicant has filed petition under Protection of Women from Domestic Violence Act and petition under Section 125 Cr.P.C., which are pending in the Courts at Moga and the respondent is making appearance, in both the aforesaid petitions.

Besides the same, the applicant has also filed a complaint under Section 200 read with Section 190(1) Cr.P.C., which is also pending in the Court of CJM, Moga. The distance between the two places is stated to be 190 kms.

In view of the aforesaid mitigating circumstances, while considering the fact of respondent, having not come forward to resist the transfer application and the applicant taking care of the minor child, while herself having no source of earning, the transfer application is hereby allowed and the petition under Section 9 of the Hindu Marriage Act, filed by respondent-husband bearing No.HMA-90-2024, titled 'Rahul vs. Ritika Kohli', stands transferred from the Family Court, Panchkula, to the Court of competent jurisdiction at Moga. The requisite record of the aforesaid case

TA-1601-2024 -3be 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.

August 06, 2025 (ARCHANA PURI) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No