Deepika Arora v. Girish Arora

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.112 TA-152-2024 (O&M) Date of Decision: 05.03.2025    ....Applicant

Versus

   .....Respondent

CORAM:

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

Mr. D.K. Prajapati, Advocate for the respondent.

***** ARCHANA PURI, J. (Oral) CM-3785-CII-2025 The present application has been filed by the respondent, for placing on record the reply to the transfer application. In view of the averments made in the application, same is allowed and the requisite reply is taken on record. Main case
 

 

   

      



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 Protection of Women from Domestic Violence Act i.e. DV/154/2021, which are pending in the Courts at Ambala and the respondent is pursuing both the said cases. In the given circumstances, considering the crucial age of the children and the applicant having no source of earning, it is submitted that it is difficult for her to commute a distance of about 239 kilometres, to defend the divorce petition.

On the contrary, the counsel for the respondent while making reference to the reply filed, submits that the respondent is doing a petty job. Even, his ailing mother is living with him and as such, it will be difficult for him also, to commute a distance of 239 kilometres, if the transfer application is allowed.

In view of the submissions aforesaid, it is pertinent to mention that even though, the position of law is that preference ought to be given to the convenience of the wife, in case of transfer applications relating to the matrimonial dispute, but however, it is not a thumb rule. Various other circumstances, spelt out from the material coming, also ought to be taken into consideration. Circumstantial flexibility ought to be there and the balance has to be maintained with regard to the convenience/inconvenience of the either side.



In the case in hand, the distance between the two place is about 239 kilometres, which definitely would be causing inconvenience to either side, if the case is transferred or not. Taking into consideration the same, considering the fact about both the children to be living with the applicant, who are in the crucial age-group and also considering the fact of the applicant not having any source of earning, it was suggested by the Court to both the counsel, about the transfer of the divorce petition, at some midpoint between Faridabad and Ambala. The offer so made, is acceptable to both the counsel.

In view of the aforesaid fact situation and in the fitness of the convenience of both the sides, the transfer application is partly allowed and

    

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(ARCHANA PURI) 05.03.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No