Mugdha Thareja Vs Tarun Grover — Domestic Violence | Punjab & Haryana HC (2025)

Mugdha Thareja Vs Tarun Grover — Domestic Violence | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer of the respondent-husband's petition under Section 9 of the Hindu Marriage Act (DMC/74/2023) from the Family Court, Bhiwani to the Court of competent jurisdiction at Yamuna Nagar, to be assigned by the District and Sessions Judge, Yamuna Nagar to the Family Court, Yamuna Nagar; record to be transmitted by the Family Court, Bhiwani; parties to appear before the Family Court, Yamuna Nagar within one month.

Issue for consideration

Whether the respondent-husband's petition under Section 9 of the Hindu Marriage Act i.e. DMC/74/2023, pending in the Family Court, Bhiwani, should be transferred to the Court of competent jurisdiction at Yamuna Nagar on the applicant-wife's request.

Court's answer

The transfer application is allowed: the respondent-husband's petition under Section 9 of the Hindu Marriage Act i.e. DMC/74/2023 stands transferred from the Family Court, Bhiwani to the Court of competent jurisdiction at Yamuna Nagar, in view of the respondent not coming forward to resist the application, the applicant already taking care of the two minor children, and litigation already pending in the Courts at Yamuna Nagar.

Ratio / Principle

The requisite record of the aforesaid case is to be sent by the Family Court, Bhiwani to the District and Sessions Judge, Yamuna Nagar.

Key takeaways

The learned District and Sessions Judge, Yamuna Nagar shall assign the transferred petition to the Family Court, Yamuna Nagar, and the parties are directed to appear before the Family Court, Yamuna Nagar within a period of one month.ratio¶28

Detailed headnote1 paragraphs

TA-196-2024 (Punjab and Haryana High Court, Archana Puri, J., decided 04.04.2025): Transfer application filed by the applicant-wife, Mugdha Thareja, allowed; the petition under Section 9 of the Hindu Marriage Act i.e. DMC/74/2023, titled 'Tarun Grover Vs. Mugdha Thareja', filed by the respondent-husband and pending in the Family Court, Bhiwani, stands transferred to the Court of competent jurisdiction at Yamuna Nagar. Grounds: the respondent, served with notice, was proceeded against ex parte vide order dated 29.01.2025 and did not come forward to resist; the applicant, though working as an Engineer earning Rs.80,000/- per month (against the respondent's Rs.1,50,000/-), is taking care of the twin children aged about 4 years; and related litigation is already pending in the Courts at Yamuna Nagar, namely FIR No.300 dated 21.04.2023 under Sections 323, 406, 498-A and 506 IPC (under investigation), a petition under the Protection of Women from Domestic Violence Act (COMA/87/2023), and a petition under Section 125 Cr.P.C. (MNT-125/20/2023), in which the respondent is appearing through counsel. The Family Court, Bhiwani is to send the requisite record to the District and Sessions Judge, Yamuna Nagar, who shall assign the petition to the Family Court, Yamuna Nagar; the parties are directed to appear there within one month.

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TA-196-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.106

TA-196-2024 Date of Decision: 04.04.2025

MUGDHA THAREJA

....Applicant

Versus

TARUN GROVER

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Mr. Udit Garg, Advocate for the applicant.

Respondent proceeded against ex parte vide order dated 29.01.2025.

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 i.e. DMC/74/2023, titled ‘Tarun Grover Vs. Mugdha Thareja’, filed by the respondent-husband, pending in the Family Court, Bhiwani and she seeks transfer of the same to the Court of competent jurisdiction at Yamuna Nagar.

Upon notice, the respondent did not make appearance, despite service and as such, was proceeded against ex parte .

Learned counsel for the applicant heard.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 10.12.2017. Twin children born from the said wedlock, who are about 4 years old, are in the care and Sonu custody of the applicant. On account of the matrimonial dispute, the parties 2025.04.04 14:35 I agree to specified portions of this document P&HHC

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TA-196-2024

are residing separate. The applicant has got lodged an FIR bearing No.300 dated 21.04.2023, under Sections 323, 406, 498-A and 506 IPC, at Police Station Yamuna Nagar City, District Yamuna Nagar, which is under investigation. She has also filed the petition under the Protection of Women from Domestic Violence Act i.e. COMA/87/2023 and the petition under Section 125 Cr.P.C. i.e. MNT-125/20/2023, which are also pending in the Courts at Yamuna Nagar and the respondent is making appearance in the said cases through counsel.

Also, it is submitted that the applicant, even though, is working as an Engineer and earning Rs.80,000/- per month, but however, the earnings of the respondent are Rs.1,50,000/-. Also, the respondent is not paying anything for the maintenance of the children. Furthermore, it is submitted that while working and taking care of the minor children, it is difficult for the applicant to commute a distance of about 215 kilometres, to defend the petition under Section 9 of the Hindu Marriage Act.

In view of the submissions aforesaid and taking into consideration the fact about the respondent, having not come forward to resist the application, more particularly, when the applicant is already taking care of two children and also considering the fact about litigation already pending in the Courts at Yamuna Nagar, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. DMC/74/2023, titled ‘Tarun Grover Vs. Mugdha Thareja’, filed by the respondent-husband, stands transferred from the Family Court, Bhiwani, to the Court of competent jurisdiction at Yamuna Nagar. The requisite record of the aforesaid case be sent by the Family Court, Bhiwani, to the District and Sessions Judge, Yamuna Nagar.

Sonu 2025.04.04 14:35 I agree to specified portions of this document P&HHC

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TA-196-2024

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

(ARCHANA PURI) 04.04.2025 JUDGE

Himanshu

Whether speaking/reasoned : Yes Whether reportable : Yes/No

Sonu 2025.04.04 14:35 I agree to specified portions of this document P&HHC