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High Court of Punjab and HaryanaTA/54/2023allowed

Kavita v. Subhash

2024-09-19Mrs. Justice Archana Puri2 pages

TA-54-2023 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.106 TA-54-2023 (O&M) Date of Decision: 19.09.2024  ....Applicant

Versus

   .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Poonam Rani, Advocate, for Ms. Ramandeep Kaur Suhag, Advocate for the applicant.

Respondent proceeded against ex parte vide order dated 12.09.2024.

***** ARCHANA PURI, J. (Oral)  

 

    

            



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 It is submitted by the counsel for the applicant that from the wedlock of the parties to the lis, two children were born, one girl and one boy, who are in the care and custody of the applicant, at present. However, on account of the matrimonial discord, the parties are residing separate. There is no other litigation, filed by the applicant. The applicant has no Sonu 2024.09.19 16:52 I attest to the accuracy and authenticity of this document

TA-54-2023 (O&M) source of income. In the given circumstances, it submitted that it is difficult for the applicant to defend the petition under Section 9 of the Hindu Marriage Act, from a distance of about 50-55 kilometres, from the place of her residence.

In view of the submission made by the counsel for the applicant, considering the convenience of the applicant-wife, more particularly, when she is not having any source of income and taking care of both the children born from the wedlock, it shall be difficult for her to commute a distance of 50-55 kilometres. Hence,    $%               



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 (ARCHANA PURI) 19.09.2024 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2024.09.19 16:52 I attest to the accuracy and authenticity of this document