Allowed¶24

Neetu Bala v. Mohit Kumar

Punjab & Haryana HC23 Sept 2025TA/43/2024

Case brief

AI extract

What is this about?

TA-43-2024; Punjab and Haryana High Court at Chandigarh; Archana Puri, J.; transfer application; Section 9 Hindu Marriage Act; Mohit Kumar Vs. Neetu Bala; Family Court Mansa to Fatehabad; wife's convenience; minor son custody; no source of earning; Protection of Women from Domestic Violence Act; Section 125 Cr.P.C.; ex parte respondent; 100 kilometres; decision date 23.09.2025.

What did the court decide?

Transfer of the petition under Section 9 of the Hindu Marriage Act ('Mohit Kumar Vs. Neetu Bala') from the Family Court, Mansa to the Court of competent jurisdiction at Fatehabad; record to be sent to the District and Sessions Judge, Fatehabad for assignment to the Family Court, Fatehabad; parties to appear before the Family Court, Fatehabad within one month. ¶24

Neetu Bala Vs Mohit Kumar — Domestic Violence | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the transfer application should be allowed and the respondent-husband's petition under Section 9 of the Hindu Marriage Act, titled 'Mohit Kumar Vs. Neetu Bala', pending in the Family Court, Mansa, be transferred to the Court of competent jurisdiction at Fatehabad.

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Ratio / Principle

The transfer application is allowed: considering the applicant taking care of the minor son, the distance between the two places, and the respondent having not come forward to resist the application, the petition under Section 9 of the Hindu Marriage Act titled 'Mohit Kumar Vs. Neetu Bala' stands transferred from the Family Court, Mansa to the Court of competent jurisdiction at Fatehabad.

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Key takeaways

The requisite record of the transferred case is to be sent by the Family Court, Mansa, to the District and Sessions Judge, Fatehabad.ratio¶24
The learned District and Sessions Judge, Fatehabad, shall assign the said petition to the Family Court, Fatehabad.ratio¶25
The parties are directed to appear before the Family Court, Fatehabad, within a period of one month.ratio

Detailed headnote1 paragraphs

TA-43-2024, decided 23.09.2025 (Archana Puri, J.), High Court of Punjab and Haryana: Transfer application allowed. The respondent-husband's petition under Section 9 of the Hindu Marriage Act, 'Mohit Kumar Vs. Neetu Bala', pending in the Family Court, Mansa, stands transferred to the Court of competent jurisdiction at Fatehabad. Grounds: the applicant-wife cares for the about 5-year-old son of the marriage (solemnised 15.04.2019); she has no source of earning; her petitions under the Protection of Women from Domestic Violence Act and under Section 125 Cr.P.C. are already pending at Fatehabad; the distance between the two places is about 100 kilometres; and the respondent, though represented on 29.04.2025, did not subsequently appear or file a reply and was proceeded against ex parte. The Family Court, Mansa is to send the record to the District and Sessions Judge, Fatehabad, who shall assign the petition to the Family Court, Fatehabad; the parties are to appear there within one month.

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TA-43-2024

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Sr. No.106

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TA-43-2024 Date of Decision: 23.09.2025

NEETU BALA

....Applicant

Versus

MOHIT KUMAR

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

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Present:Ms. Ritu Pathak, Legal Aid Counsel for the applicant.

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None for the respondent.

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ARCHANA PURI, J. (Oral)

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Today, none has appeared on behalf of the respondent. Perusal of the paperbook reveals that on 29.04.2025, the respondent had made appearance through Mr. Pushpinder Singh, Advocate. However thereafter, none had appeared on behalf of the respondent and even reply has not been filed. As such, the respondent is proceeded against ex parte .

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Counsel for the applicant heard.

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The applicant-wife has filed the present application for seeking transfer of the petition under Section 9 of the Hindu Marriage Act, titled ‘Mohit Kumar Vs. Neetu Bala’, filed by the respondent-husband, pending in the Family Court, Mansa and she seeks transfer of the same to the Court of competent jurisdiction at Fatehabad.

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It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 15.04.2019. One son born from the said wedlock, who is about 5 years old, is in the care and custody

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Sonu 2025.09.24 08:50 I agree to specified portions of this document P&HHC

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TA-43-2024

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of the applicant. On account of the matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning. She has filed the petition under the Protection of Women from Domestic Violence Act, as well as the petition under Section 125 Cr.P.C., which are pending in the Courts at Fatehabad. The distance between the two places is about 100 kilometres.

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In view of the aforesaid mitigating circumstances, more particularly, considering the fact of applicant taking care of the minor son; the distance between the two places and also considering the fact about the respondent having not come forward to resist the application, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act, titled ‘Mohit Kumar Vs. Neetu Bala’, filed by the respondenthusband, stands transferred from the Family Court, Mansa, to the Court of competent jurisdiction at Fatehabad. The requisite record of the aforesaid case be sent by the Family Court, Mansa, to the District and Sessions Judge, Fatehabad.

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

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(ARCHANA PURI) 23.09.2025 JUDGE

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Himanshu Vats

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Whether speaking/reasoned : Yes Whether reportable : Yes/No

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Sonu 2025.09.24 08:50 I agree to specified portions of this document P&HHC

Neetu Bala v. Mohit Kumar

Case brief

What is this about?

What did the court decide?

Neetu Bala v. Mohit Kumar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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