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Punjab-Haryana High Court
Monika Devi vs Mohit Mittal on 10 December, 2025
Author: Archana Puri
Bench: Archana Puri
1
TA-978-2023
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.202
TA-978-2023
Date of Decision: 10.12.2025
MONIKA DEVI
....Applicant
Versus
MOHIT MITTAL AND OTHERS
.....Respondents
CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI
Present:- Mr. Saurabh Singla, Advocate for
Mr. Vaneet Kumar Sharma, Advocate
for the applicant.
None for respondent No.1 (sole contesting respondent).
*****
ARCHANA PURI, J. (Oral)
As per the observations made in the order dated 19.11.2025,
despite service, respondent No.1 did not make appearance on that date.
Even today, he has not made appearance. Also, reply has not been filed,
despite two consecutive last opportunities. As such, respondent No.1, who is
the sole contesting respondent, is proceeded against ex parte.
Counsel for the applicant heard.
The applicant-mother has filed the present application for
seeking transfer of the petition under Section 25, read with Section 12 of the
Guardians and Wards Act i.e. GW/23/2021, titled 'Mohit Mittal Vs. Monika
Devi', filed by the respondent-father (husband of the applicant), pending in
the Family Court, Hoshiarpur and she seeks transfer of the same to the Court
of competent jurisdiction at Ludhiana.
TA-978-2023
It is submitted by the counsel for the applicant that the marriage
between the parties, had taken place on 31.11.2012. However, matrimonial
dispute arose between them and their marriage was dissolved, by decree of
divorce, by way of mutual consent, vide judgment dated 25.09.2019, copy
whereof is Annexure P-1. Also, it is submitted that, as per the terms of
separation, settled between the parties, the son born from the said wedlock,
namely, Naumish, who is about 11 years old, was agreed to remain with the
applicant. Despite dissolution of marriage by decree of divorce, by way of
mutual consent, on the basis of the terms settled, the respondent had filed the
guardianship petition in hand, to seek the custody of the son. Also, it is
submitted that the applicant has no source of earning and as such, is
dependent upon her parents. As such, it is difficult for the applicant, to
defend the guardianship petition, pending in the Courts at Hoshiarpur.
Perusal of the judgment dated 25.09.2019, whereby the
marriage was dissolved between the parties, reveals that terms were settled,
with regard to separation and also, as observed in paragraph No.2 of the
judgment, it was agreed that the son will remain with the applicant/wife.
Furthermore, it was also stated in the statements, got recorded by the
applicant, as well as the respondent, as evident from paragraphs No.4 and 5.
Despite the said settlement reached, the guardianship petition has been filed
by the respondent.
Besides the same, it is pertinent to mention that the respondent
himself, is residing at Australia and he has filed the guardian petition, copy
whereof is Annexure P-2, through his attorney-holder, who is his mother.
Even though, at first instance, respondent had made appearance through
TA-978-2023
counsel, but however, reply was not filed, despite two consecutive last
opportunities. Also, the respondent has not come forward to resist the
transfer application.
Considering the aforesaid fact situation and also considering the
constrained circumstances, faced by the applicant, on account of herself not
being an earning hand and also taking care of the child, the transfer
application is allowed and the petition under Section 25, read with Section
12 of the Guardians and Wards Act i.e. GW/23/2021, titled 'Mohit Mittal Vs.
Monika Devi', filed by the respondent-father (husband of the applicant),
stands transferred from the Family Court, Hoshiarpur, to the Court of
competent jurisdiction at Ludhiana. The requisite record of the aforesaid
case be sent by the Family Court, Hoshiarpur, to the District and Sessions
Judge, Ludhiana.
Learned District and Sessions Judge, Ludhiana, shall assign the
said petition to the Family Court, Ludhiana. Even, the parties are directed to
appear before the Family Court, Ludhiana, within a period of one month
from today onwards.
(ARCHANA PURI)
10.12.2025 JUDGE
Himanshu Vats
Whether speaking/reasoned : Yes
Whether reportable : Yes/No
