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High Court of Punjab and HaryanaTA/57/2024allowed

Rajni Kaur v. Kulwinder Singh

2025-03-24Mrs. Justice Archana Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.228 Date of Decision: 24.03.2025 RAJNI KAUR ....Applicant

Versus

KULWINDER SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Rajan Bansal, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) Perusal of the order dated 09.12.2024 reveals that despite service, the respondent did not make appearance on that date. Even on the subsequent date i.e. 17.03.2025, none had made appearance on behalf of the respondent. Today also, none has made appearance on his behalf. As such, the respondent is proceeded against ex parte. The counsel for the applicant heard.

 

 

   

          

        

    

      

    

!  "  # It is submitted by the counsel for the applicant that the marriage between the parties to the lis, was solemnized on 21.08.2022, but no child was born from the said wedlock. In fact, it is submitted that on account of the matrimonial discord, the parties are residing separate. Also, it is submitted that the applicant has filed the petition under Section 12 of the Hindu Marriage Act, for annulment of marriage, which is pending in the Courts at Bathinda. The applicant is about 20 years old and is studying IELTS from 'Zenith' Maur Mandi. The applicant is totally dependent upon her parental family. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 100-110 kilometres, to defend the petition under Section 9 of the Hindu Marriage Act.

In view of the submissions aforesaid, considering the position of law about preference to be given to the convenience of the wife in the transfer applications relating to the matrimonial dispute, more particularly, considering the fact about the respondent having not come forward to resist the application and also considering the fact about the petition under Section 12 of the Hindu Marriage Act, to be already pending in the Courts at Bathinda, the transfer application is allowed and        

      

   

               

         

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# (ARCHANA PURI) 24.03.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No