Mehak Sharma Vs Naresh Kumar Thaman — Domestic Violence | Punjab & Haryana HC (2025)

Mehak Sharma Vs Naresh Kumar Thaman — 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 (HMA/492/2024) from the Family Court, Ludhiana, to the Court of competent jurisdiction at Jalandhar, with directions that the requisite record be sent to the District and Sessions Judge, Jalandhar, that the petition be assigned to the Family Court, Jalandhar, and that the parties appear before the Family Court, Jalandhar, within one month.

Issue for consideration

Whether the petition under Section 9 of the Hindu Marriage Act i.e. HMA/492/2024, filed by the respondent-husband and pending before the Family Court, Ludhiana, should be transferred to the Court of competent jurisdiction at Jalandhar.

Court's answer

Considering the applicant taking care of the minor daughter and the respondent not coming forward to resist the application, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/492/2024 filed by the respondent-husband stands transferred from the Family Court, Ludhiana, to the Court of competent jurisdiction at Jalandhar.

Ratio / Principle

The requisite record of the transferred case is to be sent by the Family Court, Ludhiana, to the District and Sessions Judge, Jalandhar.

Key takeaways

The learned District and Sessions Judge, Jalandhar, shall assign the said petition to the Family Court, Jalandhar, and the parties are directed to appear before the Family Court, Jalandhar, within a period of one month.ratio¶¶24

Detailed headnote1 paragraphs

Punjab and Haryana High Court at Chandigarh, TA-219-2025 (Archana Puri, J., oral, decided 20.08.2025): The applicant-wife, who has no independent source of earning and is caring for the couple's about 1½-year-old daughter, sought transfer of her husband's petition under Section 9 of the Hindu Marriage Act (HMA/492/2024) from the Family Court, Ludhiana to Jalandhar, where her own petitions under Section 144 BNSS, 2023 and Section 12 of the Protection of Women from Domestic Violence Act were already pending and where the respondent was pursuing them; the distance between the two places is about 60 km. Despite service, the respondent never appeared and was proceeded against ex parte. The Court allowed the transfer, directed the Family Court, Ludhiana to send the requisite record to the District and Sessions Judge, Jalandhar for assignment to the Family Court, Jalandhar, and required the parties to appear there within one month.

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TA-219-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.248

TA-219-2025 Date of Decision: 20.08.2025

MEHAK SHARMA

....Applicant

Versus

NARESH KUMAR THAMAN

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Ms. Harkirat Kaur, Advocate for Mr. Sandeep Arora, Advocate for the applicant.

None for the respondent.

ARCHANA PURI, J. (Oral)

As per the observations made in the order dated 23.05.2025, despite service, the respondent did not make appearance on that date. Even today, he has not made appearance. As such, the respondent is proceeded against ex parte .

Counsel for the applicant heard.

The applicant-wife has filed the present application for seeking transfer of the petition under Section 9 of the Hindu Marriage Act i.e. HMA/492/2024, titled ‘Naresh Kumar Thaman Vs. Mehak Sharma’, filed by the respondent-husband, pending in the Family Court, Ludhiana and she seeks transfer of the same to the Court of competent jurisdiction at Jalandhar.

It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 12.05.2023. One daughter Sonu born from the said wedlock, who is about 1½ years old, is in the care and 2025.08.21 09:28 I agree to specified portions of this document P&HHC

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TA-219-2025

custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. The applicant is not having any source of earning and as such, is totally dependent upon her parental family. Even, she has filed the petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as well as the petition under Section 12 of the Protection of Women from Domestic Violence Act, which are pending in the Courts at Jalandhar and the respondent is pursuing the same. The distance between the two places is stated to be about 60 kilometres.

In view of the aforesaid mitigating circumstances and considering the fact of the applicant taking care of minor daughter, born from the wedlock of the parties and also considering the fact about the respondent having not come forward to resist the application, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/492/2024, titled ‘Naresh Kumar Thaman Vs. Mehak Sharma’, filed by the respondent-husband, stands transferred from the Family Court, Ludhiana, to the Court of competent jurisdiction at Jalandhar. The requisite record of the aforesaid case be sent by the Family Court, Ludhiana, to the District and Sessions Judge, Jalandhar.

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

(ARCHANA PURI) 20.08.2025 JUDGE Himanshu Whether speaking/reasoned : Yes Whether reportable : Yes/No

Sonu 2025.08.21 09:28 I agree to specified portions of this document P&HHC