Zarine David v. Atul Batra

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 20.01.2026 Ms. Zarine David ..Petitioner

Versus

Mr. Atul Batra ..Respondent CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA

Present:

Mr. Gurinder Pal Singh, Advocate, for the petitioner.

Mr. Abhinav Sood, Advocate for the respondent.

SUDEEPTI SHARMA , J. (Oral) 1.

The present contempt petition has been filed for deliberate and intentional disobedience of the statement made by the respondent before the learned Family Court on the basis of which, the divorce by mutual consent of the parties under Section 13-B of the Hindu Marriage Act, was granted to the parties vide order dated 07.09.2020 by the learned Additional Principal Judge, Family Court, Gurugram.

2.

Learned counsel for the petitioner contends that the respondent is not paying for the education of the children. 3.

Learned counsel for the respondent submits that both the children, namely Yanush Batra and Damir Batra, are in the custody of the respondent. He further submits that Yanush Batra is employed with M/s

-2Sarita Handa Exports Pvt. Ltd., Gurugram, whereas Damir Batra is pursuing B.A. (Hons.) in Journalism and Media Studies at Jindal College and is being provided education as well. He further submits that both the children are not staying with the petitioner, despite this, she has filed the present contempt petition with the intent to harass the respondent/husband. 4.

A perusal of the above shows that no case for contempt is made out, since there is no violation. Despite having due knowledge of the legal position, the petitioner chose to initiate the present contempt proceedings and continued to pursue the same without any justifiable or tenable grounds of law. Such conduct amounts to a gross abuse of the process of law and unnecessarily adds to the burgeoning pendency of cases before this Court. 5.

This Court in COCP-3579-2025 decided on 24.07.2025 titled as "Payal Chaudhary Vs. KAP Singh IAS and others" has categorically held that such kind of petitions are gross abuse of the judicial process and contributes significantly to the burgeoning pendency of cases before this Court. The tendency of litigants to misuse the judicial forum by engaging in forum shopping, filing repetitive and meritless petitions, and adopting dilatory tactics undermines the very foundation of our legal system and clogs the administration of justice.

6.

In view of the above and with the objective of sending a strong deterrent message, this Court finds it appropriate to impose costs of Rs.10,000/- upon the petitioner.

-37.

Accordingly, the present contempt petition is dismissed with costs of Rs.10,000/- (Rupees Ten Thousand only) to be paid to the children in equal shares i.e. Rs.5,000/- each in their accounts. Respondent is directed to provide bank account details of the children to the petitioner. 8.

In the event of default in compliance, the amount shall be recovered from the petitioner as arrears of land revenue by the competent authority.

9.

Pending miscellaneous applications, if any, are also disposed of. 20.01.2026 (SUDEEPTI SHARMA) Virender JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No