Allowed¶16

Monika v. Aman Saini

Punjab & Haryana HC22 Apr 2025TA/94/2024

Case brief

AI extract

What is this about?

TA-94-2024, Punjab & Haryana High Court, decided 22.04.2025 by Archana Puri J. Keywords: transfer of matrimonial petition; Section 13 Hindu Marriage Act; convenience of wife; wife without independent income; care of minor child; Family Court Kurukshetra; transfer to Yamunanagar; Family Court (Camp Court) Bilaspur; respondent ex parte/uncontested; Monika v. Aman Saini; HMA/542/2023.

What did the court decide?

Transfer of the petition under Section 13 of the Hindu Marriage Act (HMA/542/2023, 'Aman Saini v/s Monika') from the Family Court, Kurukshetra to the Court of competent jurisdiction at Yamunanagar, to be assigned to the Family Court (Camp Court), Bilaspur; parties directed to appear there within one month. ¶16

Monika Vs Aman Saini — Matrimonial and Divorce | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

¶16

Issue for consideration

Whether the petition under Section 13 of the Hindu Marriage Act (HMA/542/2023) filed by the husband and pending in the Family Court, Kurukshetra should be transferred to the court of competent jurisdiction at Family Court (Camp Court), Bilaspur, District Yamunanagar, on the ground of the convenience of the wife.

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Court's answer

Courts generally give preference to the convenience of the wife in transfer applications relating to matrimonial disputes, particularly where she has no source of earning and is taking care of the minor child; accordingly, since the respondent did not come forward to contest the transfer application, the same was allowed.

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Ratio / Principle

The petition under Section 13 of the Hindu Marriage Act, HMA/542/2023 titled 'Aman Saini v/s Monika', filed by the respondent/husband, stands transferred from the Family Court, Kurukshetra to the Court of competent jurisdiction at Yamunanagar.

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Key takeaways

The requisite record of the transferred case is to be sent by the Family Court, Kurukshetra to the District and Sessions Judge, Yamunanagar.ratio¶16
The learned District and Sessions Judge, Yamunanagar, shall assign the said petition to the Family Court (Camp Court), Bilaspur.ratio¶17
The parties are directed to appear before the Family Court (Camp Court), Bilaspur, within a period of one month.ratio

Detailed headnote1 paragraphs

Transfer Application Allowed (Punjab and Haryana High Court, Archana Puri J., 22.04.2025): The wife's application seeking transfer of her husband's divorce petition under Section 13 of the Hindu Marriage Act (HMA/542/2023, 'Aman Saini v/s Monika'), pending in the Family Court, Kurukshetra, to the competent jurisdiction at Yamunanagar was allowed. Relying on the settled practice of preferring the convenience of the wife in matrimonial transfer matters — particularly where she has no source of earning and is taking care of the minor child — and noting that the respondent had not contested (having been proceeded ex parte), the Court transferred the petition to Yamunanagar. The Family Court, Kurukshetra was directed to send the record to the District and Sessions Judge, Yamunanagar, who shall assign the petition to the Family Court (Camp Court), Bilaspur; the parties were directed to appear before that Court within one month.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Sr. No.407

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TA-94-2024 Date of Decision: 22.04.2025

MONIKA

....Applicant

Versus

AMAN SAINI

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

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Present:Mr. Diwan S. Adlakha, Advocate for the applicant.

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Respondent ex parte , vide order dated 21.04.2025..

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ARCHANA PURI, J. (Oral)

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The applicant/wife has filed the present application for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. HMA/542/2023titled “Aman Saini v/s Monika”, filed by the respondent/husband, which is pending in the Family court, Kurukshetra and she seeks transfer of the same to the court of competent jurisdiction at Family Court (Camp Court), Bilaspur, District Yamunanagar.

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Sonu 2025.04.23 15:26 I agree to specified portions of this document P&HHC

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In view of the aforesaid fact situation and also considering the fact that generally the courts give preference to the convenience of the wife in the transfer applications, relating to the matrimonial disputes, more particularly, when she is not having any source of earning and taking care of the minor child and the respondent has not come forward to contest the transfer application, the same is allowed and the petition under Section 13 of the Hindu Marriage Act i.e. HMA/542/2023titled “Aman Saini v/s Monika”, filed by the respondent/husband, stands transferred from the Family Court, Kurukshetra to the Court of competent jurisdiction at Yamunanagar. The requisite record of the aforesaid case be sent by the Family Court, Kurukshetra to the District and Sessions Judge, Yamunanagar.

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

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(ARCHANA PURI) 22.04.2025 JUDGE Whether speaking/reasoned : Yes Whether reportable : Yes/No

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Sonu 2025.04.23 15:26 I agree to specified portions of this document P&HHC

Monika v. Aman Saini

Case brief

What is this about?

What did the court decide?

Monika v. Aman Saini

Case brief

What is this about?

What did the court decide?

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What the court decided

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