Kanika Vs Ravinder Mehra

As observed in the previous order, on that day, despite service, none had made appearance on behalf of the respondent. Even, today none has made appearance on behalf of the respondent. As such, the respondent is proceeded against ex parte .

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Counsel for the applicant heard.

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The applicant-wife has filed the present application for seeking transfer of the petition under Section 9 of the Hindu Marriage Act, filed by respondent-husband bearing No.HMA-48-2025, titled ‘Ravinder Mehra vs.

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VINEET GULATI 2025.09.04 11:53 I attest to the accuracy and authenticity of this document Chandigarh

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Kanika’, which is pending in the Family Court, Panipat and she seeks transfer of the same to the Court of competent jurisdiction at Gurugram.

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It is submitted by learned counsel for the applicant that marriage between the parties had taken place on 07.05.2020, but no child was born from the said wedlock. However, on account of matrimonial dispute, the parties are residing separate. Also, it is submitted that the applicant is holding B.Tech and M.Tech degrees and prior to marriage, she was employed as Educational Counsellor at Ivory Education Pvt. Ltd., but however, after marriage, the applicant was compelled to resign from the job and at present, she is not having any source of earning.

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Furthermore, it is submitted that the applicant has also filed petition under Section 12 along with application under Section 23 of the Protection of Women from Domestic Violence Act, which is pending in the Courts at Gurugram. The interim maintenance to the extent of Rs.17,000/- per month was ordered by the Court, but the respondent had not made payment of arrears, which constrained the applicant to file an execution application No.8380 of 2024, which is also pending in the Courts at Gurugram.

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To assail the order of interim maintenance fixed by the trial Court, a criminal appeal No.304 of 2024 was filed by the respondent, which is also pending before learned Addl. District and Sessions Judge, Gurugram. Besides the same, it is also submitted that the respondent is facing trial in the criminal case relating to FIR No.189 dated 28.12.2021 under Sections 406 and 498-A IPC. The distance between the two places is stated to be about 123 kms.

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In view of the aforesaid submissions, it is pertinent to mention that generally the Courts lean towards the convenience of the wife, while considering the transfer applications, relating to the matrimonial dispute, but however, the same is not a thumb rule. Various other circumstances, spelt out, ought to be taken into consideration. The respondent has not come forward to resist the transfer application. Though, there is no child born from the said wedlock and the applicant is also an educated lady, but however, at present, she is not having any source of earning. Relating to the matrimonial dispute, four other cases are already pending in the Courts at Gurugram and the respondent is contesting the aforesaid cases. He is also facing trial in criminal case and as such, is making appearance physically in the said criminal trial. The distance between the two places is stated to be 123 kms.

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Considering all the aforesaid circumstances, it is just and expedient to accept the transfer application, particularly, when the respondent has not come forward to resist the transfer application. As such, the transfer application is hereby allowed and the petition under Section 9 of the Hindu Marriage Act, filed by respondent-husband bearing No.HMA-482025, titled ‘Ravinder Mehra vs. Kanika’ , stands transferred from the Family Court, Panipat, to the Court of competent jurisdiction at Gurugram. The requisite record of the aforesaid case be sent by the Family Court, Panipat, to the District and Sessions Judge, Gurugram.

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Learned District and Sessions Judge, Gurugram, shall assign the said petition to the Family Court, Gurugram. Even, the parties are

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VINEET GULATI 2025.09.04 11:53 I attest to the accuracy and authenticity of this document Chandigarh

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directed to appear before the Family Court, Gurugram, within a period of

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one month from today onwards.