High Court of Punjab and HaryanaTA/805/2023allowed

Radhika Mehra v. Saurav Narang

2025-05-20Mrs. Justice Archana Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.208 Date of Decision: 20.05.2025 RADHIKA MEHRA ....Applicant

Versus

SAURAV NARANG @ SUNNY .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr Mukesh Kumar Bhatnagar, Advocate for the applicant.

Respondent-in-person.

***** 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 titled "Saurav Narang v/s Radhika Mehra", filed by the respondent/husband, which is pending in the Family Courts Batala, District Gurdaspur and she seeks transfer of the same to the court of competent jurisdiction at Amritsar. Upon notice, the respondent made appearance, at first instance, through counsel and thereafter is pursuing the transfer application, himself. He has also filed the reply to the transfer application, which is already on record.

Counsel for the applicant as well as respondent, who is making appearance in person, heard.

It is submitted by the counsel for the applicant that the marriage between the parties was solemnized on 16.02.2021, but no child was born

from the said wedlock. On account of matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning and is dependant upon her parental family. Also, on account of matrimonial dispute, the applicant has got lodged FIR No.19 dated 20.05.2022 under Sections 498-A, 406 IPC, relating to which the respondent is facing trial in the courts at Amritsar. Besides the same, the applicant has filed petition under Section 125 Cr.P.C., as well as complaint under Section 12, 18, 19, 20 of the Protection of Women from Domestic Violence Act, which are pending in the courts at Amritsar and the respondent is also making appearance in the said cases. In the given circumstances, a prayer for acceptance of the transfer application is made.

However, the respondent while making reference to the reply, submits that the applicant has falsely stated herself to be not working. In fact, she is M.Sc/M.Tech. She is running a Coaching Center from home and earning more than Rs.70,000/-. To so substantiate his version, the respondent submits that he has annexed photograph along with the reply. On query by the court, it is again reiterated by the counsel for the applicant that the applicant is not induldging into any coaching work and is not earning anything. In fact, the counsel also submits that the plea of indulgence of the applicant in coaching class was also taken by the respondent, in the petition under Section 125 Cr.P.C., which was discarded by the court, as there was no satisfactory evidence, coming on record, with regard to the vocation followed by the applicant.

In fact, the court has affixed Rs.5,000/- per month, as interim maintenance. The respondent, who is present in the court today, also admits about the same.

At this stage, it is pertinent to mention that no satisfactory material is coming forth, with regard to the earnings of the applicant and taking into consideration the fact of the petition under Section 125 Cr.P.C. as well as complaint under Section 12, 18, 19, 20 of the Protection of Women from Domestic Violence Act, already pending in the courts at Amritsar and also considering the fact of the respondent, facing trial in the FIR case, the transfer application is hereby allowed and the petition under Section 9 of the Hindu Marriage Act titled "Saurav Narang v/s Radhika Mehra", filed by the respondent/husband, stands transferred from the Family Court (Camp Court), Batala, District Gurdaspur, to the Court of competent jurisdiction at Amritsar. The requisite record of the aforesaid case be sent by the Family Court (Camp Court), Batala, to the District and Sessions Judge, Amritsar.

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

(ARCHANA PURI) 20.05.2025 JUDGE Whether speaking/reasoned :

Yes Whether reportable :

Yes/No