Sukhwinder Kaur v. Michael Unvith Bhatoe And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.231 Date of Decision: 29.08.2024


....Applicant

Versus

   



.....Respondents

CORAM:

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

Mr. Vishal Sodhi, Advocate for the respondents.

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

     

      

   Protection of Women from Domestic Violence Act  

 


   



 

 

     

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)    Protection of Women from Domestic Violence Act, at Amritsar, when she was residing in the matrimonial home with respondent No.1-husband. However, due to matrimonial discord, the applicant is presently residing with her parents at

Hoshiarpur. In the given circumstances, it is submitted that it is difficult for the applicant to pursue the aforesaid petition, from a distance of about 160 kilometres. Also, it is submitted that the minor daughter born from the wedlock of the parties to the lis, is in the care and custody of respondent No.1-husband, at present. Even, it is submitted that the divorce petition was also filed by respondent No.1-husband, which, upon the order passed by this Court in TA-915-2022, has been transferred from Amritsar to Hoshiarpur. Copy of the said order is Annexure P-4.    % ( 

 

        

  

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Protection of Women from Domestic Violence Act, as the applicant had left the matrimonial home, while leaving the child, who was aged 2 years, at the relevant time. Respondent No.1-husband is taking care of the minor child. There is no one to look after the minor child. Also, it is submitted that complaint under Section 340 Cr.P.C., as well as complaint under Sections 323, 107, 354-A and 34 IPC, filed against the applicant, are pending in the Courts at Amritsar. Besides the same, another complaint under Sections 323, 425, 427, 201, 319, 349, 350, 351 and 34 IPC i.e. COMI/169/2021, is also pending in the Courts at Amritsar. In the same, summoning order has been passed qua the applicant. In the light of the same, it is submitted that since three cases are already pending in the Courts at Amritsar, the present application may be dismissed.

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  Protection of Women from Domestic Violence Act. Even, an FIR bearing No.44 dated 06.05.2022, under Sections 406 and 498-A IPC was got lodged by the applicant at Police Station Chabbewal and trial qua the same is pending in the Courts at Hoshiarpur. Besides the same, another petition under Section 125 Cr.P.C. has also been filed by the applicant, which is also pending at Hoshiarpur.

Also, it is evident from Annexure P-4 that the divorce petition filed at the instance of the respondent-husband, which was filed at Amritsar, has since been transferred to Hoshiarpur, vide order dated 09.12.2022. As such, there are three cases pending, arising from this matrimonial dispute, at Hoshiarpur. No doubt, it is submitted by the counsel for the respondents that three complaints have been filed by the respondent(s) against the applicant, the detail whereof is given in paragraph No.4 of the reply and the same are pending at Amritsar. May it be so, both the sides are indulging in litigation to the equal effect, on account of the matrimonial dispute.

However, it is a well settled position of law that the convenience of the wife ought to be taken into consideration, while dealing with the transfer application in a matrimonial dispute. No doubt, as

submitted by the counsel for the respondent that the minor child is in the custody of respondent No.1-husband and there is no one to look after the child, apart from respondent No.1, but on query by the Court, it has been disclosed by the counsel that the parents of respondent No.1 are also residing with him. In the given circumstances, it cannot be concluded that respondent No.1 will not be able to take care of the daughter, in the eventuality of the transfer application, being accepted and case being transferred to Hoshiarpur.



          

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 %  (ARCHANA PURI) 29.08.2024 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No