Jyoti Rani v. Rajan

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.105 TA-162-2024 Date of Decision: 20.12.2024





....Applicant

Versus

  .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Lajpat Rai Sharma, Advocate for the applicant.

Mr. Sandeep Kumar, Advocate for Mr. G.C. Shahpuri, Advocate for the respondent.

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

 

   

         



!

"   
   

     #$     

# "    %&$' "(& )     &  '  & 

*   "+  , 

-      " 

& 

   $  .     

  /$  "     

#&

 that the marriage between the parties to the lis, had taken place on 27.11.2015 and from the said wedlock, one girl child was born, who is about 7 years old. She is presently in the care and custody of the respondent. However, it is submitted that the daughter was forcibly snatched from the

 applicant and the respondent is not allowing her to meet the daughter. Furthermore, it is submitted that the applicant has filed the petition under Section 12 of the Protection of Women from Domestic Violence Act, as well as the petition under Section 125 Cr.P.C and both the said cases are pending in the Courts at Safidon. Even, the trial of the FIR bearing No.12 dated 08.02.2022, got lodged by the applicant under Sections 323, 34, 406, 498-A and 506 IPC, at Women Police Station, Jind, is going on in the Courts at Safidon. The respondent is making appearance in all the said three cases. Also, it is submitted that the applicant is not having any source of earning and is totally dependent upon her parental family.

In these circumstances, it is difficult for the applicant to commute a distance of about 140 kilometres, to defend the divorce petition. On the contrary, the counsel appearing on behalf of the respondent refutes the claim of the applicant. Rather, he submits that the applicant was not taking care of the daughter. Also further, it is submitted that the mother of the respondent is suffering from cancer, as a result whereof, it will be difficult for him, to pursue the divorce petition, if so transferred.

In view of the aforesaid submissions, it is essential to take note of the fact that all the three cases, filed by the applicant, are already pending in the Courts at Safidon and the respondent is already making appearance in the same.

Considering the aforesaid fact situation and also 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, the transfer application is allowed and         

    

!

" 
 

#$   

# "     & %&$' "(&  )"  '  & 

*   "+  ,  
 0    #

#$ %&$' "(&  )"  +    ,", 

0$#$ ' " #&

#$      

     "      " #  #$ '

-  /   &  " +     ,", "        "  &'

2/ "     # '    "   &

& $ 

  .     /    "    '

0   &&   " /  & " 

 &     $"       (ARCHANA PURI) 20.12.2024 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No