Nisha Rani Vs Mohan Lal — Matrimonial and Divorce | Punjab & Haryana HC (2025)

Nisha Rani Vs Mohan Lal — Matrimonial and Divorce | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer application allowed: the petition under Section 13 of the Hindu Marriage Act (DMC/172/2024, 'Mohan Lal v/s Nisha Rani') stands transferred from the Family Court, Patiala to the Court of competent jurisdiction at Kurukshetra; requisite record to be sent by the Family Court, Patiala to the District and Sessions Judge, Kurukshetra, who shall assign the petition to the Family Court, Kurukshetra; parties directed to appear before the Family Court, Kurukshetra within one month.

Issue for consideration

Whether the transfer application filed by the applicant/wife, seeking transfer of the divorce petition under Section 13 of the Hindu Marriage Act (DMC/172/2024, 'Mohan Lal v/s Nisha Rani') filed by the respondent/husband and pending at Patiala, to the court of competent jurisdiction at Kurukshetra, should be allowed.

Court's answer

Taking into consideration the fact of the respondent not having come forward to resist the transfer application, as well as the distance between the two places, the Court allowed the transfer application.

Ratio / Principle

The petition under Section 13 of the Hindu Marriage Act, DMC/172/2024 titled 'Mohan Lal v/s Nisha Rani', filed by the respondent/husband, stands transferred from the Family Court, Patiala, to the Court of competent jurisdiction at Kurukshetra.

Key takeaways

The requisite record of the aforesaid case is to be sent by the Family Court, Patiala, to the District and Sessions Judge, Kurukshetra.ratio¶23
The learned District and Sessions Judge, Kurukshetra, shall assign the said petition to the Family Court, Kurukshetra.ratio¶24
Both parties are directed to appear before the Family Court, Kurukshetra, within a period of one month.ratio

Detailed headnote1 paragraphs

High Court of Punjab and Haryana at Chandigarh - TA-398-2025 (Sr. No. 231), decided orally on 15.05.2025 by Hon'ble Mrs. Justice Archana Puri. Applicant-wife Nisha Rani sought transfer to Kurukshetra of the divorce petition under Section 13 of the Hindu Marriage Act (DMC/172/2024, 'Mohan Lal v/s Nisha Rani') filed by respondent-husband Mohan Lal and pending at Patiala. Despite service, the respondent did not appear on 08.04.2025 nor thereafter, and was proceeded against ex parte. Grounds urged: marriage solemnized on 12.12.2015 with no child born; parties residing separately on account of matrimonial dispute; applicant without any source of earning, wholly dependent on her parental family; inter-se distance about 85 kms making it difficult for her to defend the petition at Patiala. Taking into consideration the respondent's failure to come forward to resist the transfer application and the distance between the two places, the Court allowed the transfer: the petition stands transferred from the Family Court, Patiala to the Court of competent jurisdiction at Kurukshetra; the Family Court, Patiala to send the requisite record to the District and Sessions Judge, Kurukshetra, who shall assign the petition to the Family Court, Kurukshetra; both parties directed to appear before the Family Court, Kurukshetra within one month.

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TA-398-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.231

TA-398-2025 Date of Decision: 15.05.2025

NISHA RANI

....Applicant

Versus

MOHAN LAL

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. Gourav Pal, Advocate for the applicant.

None for the respondent.

ARCHANA PURI, J. (Oral)

As per the observations made in the order dated 08.04.2025 despite service, the respondent did not make appearance on that date. Even today, he has not made appearance. As such, the respondent is proceeded against ex parte .

The applicant/wife has filed the present application for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. DMC/172/2024 titled “ Mohan Lal v/s Nisha Rani ”, filed by the respondent/husband, which is pending in the courts at Patiala and she seeks transfer of the same to the court of competent jurisdiction at Kurukshetra.

Counsel for the applicant heard.

It is submitted by the counsel for the applicant that the marriage between the parties was solemnized on 12.12.2015, but no child was born from the said wedlock. On account of matrimonial dispute, the parties are Sonu residing separate. The applicant is not having any source of earning and is 2025.05.16 08:53 I agree to specified portions of this document P&HHC

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TA-398-2025

totally dependant upon her parental family. The distance between the two places is stated to be about 85 kms. In the given circumstances, it is submitted that it is difficult for the applicant to defend the divorce petition, pending at Patiala.

In view of the aforesaid and taking into consideration the fact of the respondent not having come forward to resist the transfer application as well as taking into consideration the distance between the two places, the transfer application is hereby allowed and the petition under Section 13 of the Hindu Marriage Act i.e. DMC/172/2024 titled “ Mohan Lal v/s Nisha Rani ”, filed by the respondent/husband, stands transferred from the Family Court, Patiala, to the Court of competent jurisdiction at Kurukshetra. The requisite record of the aforesaid case be sent by the Family Court, Patiala, to the District and Sessions Judge, Kurukshetra.

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

15.05.2025

Sonu

(ARCHANA PURI) JUDGE Whether speaking/reasoned : Yes Whether reportable : Yes/No

Sonu 2025.05.16 08:53 I agree to specified portions of this document P&HHC