Monika v. Rahul Siraswal Rahul Siraswal

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Rishabh Gupta, Advocate Present: Mr. Rishabh Gupta, Advocate for the applicant/ petitioner. for the applicant/ petitioner. Mr. Rahul Singh, Advocate Mr. Rahul Singh, Advocate for the respondent. for the respondent. **** HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) wife, by way of present case, seeks transfer of The applicant-wife, by way of present case, seeks transfer of wife, by way of present case, seeks transfer of The applicant divorce petition bearing no. HMA-717/2025 divorce petition bearing no. Siraswal Vs. 717/2025, titled “Rahul Siraswal Vs. , filed under Section 13 of the Hindu Marriage Act, 1955 Monika”, filed under Section 13 of the Hindu Marriage Act, 1955 , filed under Section 13 of the Hindu Marriage Act, 1955 , filed under Section 13 of the Hindu Marriage Act, 1955 hereinafter to be referred as “divorce petition (hereinafter to be referred as “ ) at the instance of divorce petition”) at the instance of pal Judge, Family husband; from the Court of learned Principal Judge, Family husband; from the Court of learned Princi respondent-husband; from the Court of learned Princi Court, Ambala to the Court of learned Principal Judge, Family Court, Ambala to the Court of learned Principal Judge, Family Court, to the Court of learned Principal Judge, Family Court, Karnal. [2] Briefly stating, Briefly stating, Briefly stating, the marriage between the marriage between the marriage between the petitioner and respondent was solemnized on 16.04.2016 respondent was solemnized on ; out of their wedlock, a child 16.04.2016; out of their wedlock, a child namely, Devansh Devansh, was born on 25.04.2017 ; on account of matrimonial 25.04.2017; on account of matrimonial 2 TA No.1322 of 1322 of 2025 discord between the parties, the above mentioned divorce petition came to discord between the parties, the above mentioned divorce petition came to discord between the parties, the above mentioned divorce petition came to discord between the parties, the above mentioned divorce petition came to Thereupon, the be preferred at the instance of respondent-husband. Thereupon, the be preferred at the instance of respondent be preferred at the instance of respondent y the present application seeking transfer thereof came to be filed by the present application seeking transfer thereof came to be filed b present application seeking transfer thereof came to be filed b . applicant-wife. [3] , contends that the Learned counsel for the applicant, inter alia, contends that the Learned counsel for the applicant, Learned counsel for the applicant, at her brother’s house. applicant is residing alongwith her minor son at her brother’s house. applicant is residing alongwith her minor applicant is residing alongwith her minor Accordingly, a prayer is made for transfer of the above mentioned divorce Accordingly, a prayer is made for transfer of the above mentioned divorce Accordingly, a prayer is made for transfer of the above mentioned divorce Accordingly, a prayer is made for transfer of the above mentioned divorce petition filed at the instance of respondent petition filed at t husband from Family Court, he instance of respondent-husband from Family Court, Ambala to Family Court, to Family Court, Karnal. [4] On the other hand, learned counsel for the respondent On the other hand, learned counsel for the respondent On the other hand, learned counsel for the respondent On the other hand, learned counsel for the respondent vehemently opposes the prayer made on behalf of the applicant. vehemently opposes the prayer made on behalf of the applicant. vehemently opposes the prayer made on behalf of the applicant. [5] and gone through I have heard learned counsel for the parties and gone through I have heard learned counsel for the parties I have heard learned counsel for the parties book. the paper-book. [6] wife has filed In the present case, admittedly, the applicant-wife has filed In the present case, admittedly, the applicant In the present case, admittedly, the applicant MNT No. 125/267/2025 under Section 144 BNSS MNT No. 125/267/2025 , seeking maintenance 144 BNSS, seeking maintenance husband before the Court of learned Principal Judge, from the respondent-husband before the Court of learned Principal Judge, husband before the Court of learned Principal Judge, from the respondent , in which arguments have been heard on the Family Court, Karnal, in which arguments have been heard on the , in which arguments have been heard on the Family Court, and an FIR No.894 under Sections 406, application for interim maintenance and an FIR No.894 under Sections 406, and an FIR No.894 under Sections 406, application for interim maintenance A, registered at Police Station Sadar Karnal, in which challan has not 498-A, registered at Police Station Sadar Karnal, in which challan has not A, registered at Police Station Sadar Karnal, in which challan has not A, registered at Police Station Sadar Karnal, in which challan has not yet been presented. yet been presented. [7] resent transfer application, As per the averments made in the present transfer application, As per the averments made in the p As per the averments made in the p the applicant-wife is residing with her wife is residing with her brother and has no independent brother and has no independent source of income. source of income. [8] the case of Furthermore, the Hon’ble Supreme Court in the case of Furthermore, the Hon’ble Supreme Court in Furthermore, the Hon’ble Supreme Court in Manjula Singh Chouhan Versus Vishal Singh Chouhan Manjula Singh Chouhan reported as Vishal Singh Chouhan, reported as 3 TA No.1322 of 1322 of 2025