Monika Vs Kuldeep — Maintenance and Alimony | Punjab & Haryana HC (2025)

Monika Vs Kuldeep — Maintenance and Alimony | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer of the respondent-husband's petition under Section 9 of the Hindu Marriage Act (DMC/280/2023, 'Kuldeep v/s Monika') from the Family Court (Camp Court), Gohana, District Sonepat to the Court of competent jurisdiction at Rohtak; record to be sent to the District and Sessions Judge, Rohtak for assignment to the Family Court, Rohtak; parties to appear before the Family Court, Rohtak within one month.

Issue for consideration

Whether the petition under Section 9 of the Hindu Marriage Act (DMC/280/2023, 'Kuldeep v/s Monika') filed by the respondent-husband and pending in the Family Court (Camp Court), Gohana, District Sonepat, should be transferred to the Court of competent jurisdiction at Rohtak on the applicant-wife's application.

Court's answer

The transfer application is allowed and the respondent-husband's petition under Section 9 of the Hindu Marriage Act, DMC/280/2023 titled 'Kuldeep v/s Monika', stands transferred from the Family Court (Camp Court), Gohana, District Sonepat to the Court of competent jurisdiction at Rohtak.

Ratio / Principle

The transfer was allowed particularly because the respondent did not come forward to resist the transfer application and the applicant is taking care of the minor daughter while herself having no source of earning.

Key takeaways

The requisite record of DMC/280/2023 is to be sent by the Family Court (Camp Court), Gohana to the District and Sessions Judge, Rohtak.ratio¶23
The learned District and Sessions Judge, Rohtak, is to assign the transferred petition to the Family Court, Rohtak.ratio¶24
The parties are directed to appear before the Family Court, Rohtak within a period of one month.ratio

Detailed headnote1 paragraphs

Punjab and Haryana High Court at Chandigarh (Archana Puri, J., oral), TA-698-2024 (O&M), decided 18.08.2025 — Transfer application filed by the wife (Monika) allowed; the husband Kuldeep's petition under Section 9 of the Hindu Marriage Act (DMC/280/2023, 'Kuldeep v/s Monika'), pending in the Family Court (Camp Court), Gohana, District Sonepat, stands transferred to the Court of competent jurisdiction at Rohtak. Considerations: the respondent, duly noticed, did not resist and was proceeded against ex parte (order dated 08.07.2025); the applicant is custodian of the about 2-year-old daughter of the marriage (solemnised 08.12.2022) and has no source of earning; counsel urged difficulty in commuting about 40 kms with the minor child; criminal trial arising from FIR No.125 dated 02.03.2024 (Sections 498-A, 376(2)(n), 377, 406, 506 and 34 IPC; challan presented) and the applicant's Section 125 Cr.P.C. petition are already pending at Rohtak. Directions: Family Court (Camp Court), Gohana to send the requisite record to the District and Sessions Judge, Rohtak, who shall assign the petition to the Family Court, Rohtak; parties to appear before the Family Court, Rohtak within one month. Marked speaking/reasoned: Yes; reportable: Yes/No.

1

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 Sonu dispute, the parties are residing separate. The applicant has got lodged an 2025.08.19 09:56 I agree to specified portions of this document P&HHC

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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