Jyoti v. Jasgir Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.224 Date of Decision: 03.03.2025
 ....Applicant

Versus

  

.....Respondent

CORAM:

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

None for the respondent.

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

 

   

        

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 It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 22.11.2013. One daughter born from the said wedlock, who is about 9 years old, is in the care and custody of the respondent, at present. Also, it is submitted that on account

of the matrimonial discord, the parties are residing separate. Laslty, the applicant was turned out of the matrimonial house on 03.08.2023 and at that time, the respondent and his family members had snatched the minor daughter, from her lawful custody. Earlier also, when the compromise was effected between the parties, the custody of the minor daughter was with the applicant, but lastly, the child was so snatched. Thus, under the compelling circumstances, the daughter is in the care and custody of the respondent. Also, it is submitted that the applicant is not working and as such, has no source of earning. Even, the applicant has filed the petition under Section 125 Cr.P.C., which is pending in the Courts at Gurdaspur and the respondent is making appearance in the same. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 260 kilometres, to defend the petition under Section 22 of the Special Marriage Act, 1954.

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 fact about the applicant having no source of earning, considering the distance between the two places and also taking into consideration the fact about the respondent not having come forward to contest the application, the transfer application is allowed and   

   

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 (ARCHANA PURI) 03.03.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No