Rekha v. Lakhwinder Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.110 TA-1008-2023 (O&M) Date of Decision: 18.02.2025  ....Applicant

Versus

  .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Sunil Agnihotri, Advocate for the applicant.

Mr. J.S. Warring, Advocate for the respondent.

***** ARCHANA PURI, J. (Oral) CM-2340-CII-2025 The present application has been filed for placing on record the reply on behalf of the respondent.

In view of the averments made in the application, same is allowed and the requisite reply is taken on record. Main case
 

 

   

        


   



    

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   *      t is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 13.10.2021, but no child was born from the said wedlock. However, due to the matrimonial discord, the parties are residing separate. The applicant has got lodged an FIR bearing No.111 dated 14.06.2023, under Sections 406 and 498-A IPC, at Police Station Dasuya, District Hoshiarpur, wherein challan has been presented. The respondent is facing trial in the said FIR, in the Courts at Dasuya. The applicant is unemployed and has no source of income. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 150 kilometres, to defend the petition under Section 9 of the Hindu Marriage Act.

On the other hand, the counsel for the respondent, while making reference to the reply filed, has submitted that it is the malafide conduct of the applicant, on account of which, the matrimonial dispute is there between the parties. In fact, it is submitted that the FIR, the mention whereof has been made aforesaid, has been got registered on false accusations. Furthermore, it is submitted that during the course of investigation of the said FIR, the applicant along with the police officials, had come to the house of the respondent in a discreet manner and created ruckus. Even, they subjected the respondent to beatings, as a result whereof, he is now having difficulty in walking.

R-3 i.e. MRI of the right knee of the respondent. In the given circumstances, it is submitted that the transfer application ought not be accepted and the petition under Section 9 of the Hindu Marriage Act, be not transferred. In view of the submissions aforesaid, at the very outset, it is pertinent to mention that even though, there is stated to be an FIR having got registered on false accusations, but however, this Court is not required to make mention of the genuineness or falsity of the FIR, so got registered. The same shall be considered by the Court concerned, where the trial is pending. Even though, it is submitted that the applicant had created ruckus with the help of the police, at the time of effecting arrest in the aforesaid FIR, but however, regarding the same, there is no complaint coming on record.

Otherwise also, appropriate remedy lies with the respondent, to initiate action against the applicant (if any).

   


   



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(ARCHANA PURI) 18.02.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No