Suman v. Sandeep Kumar

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.108 TA-234-2024 Date of Decision: 28.02.2025



....Applicant

Versus





 .....Respondent

CORAM:

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

Mr. Abhishek Yadav, Advocate 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, was solemnized on 22.01.2018. One son born

from the said wedlock, who is about 5 years old, is in the care and custody of the applicant. On account of the matrimonial discord, the parties are residing separate. The applicant is not having any source of earning and as such, is dependent upon her parental family. Even, she had filed the petition under Section 125 Cr.P.C., which had since been decided and the execution qua the same, is pending in the Courts at Bhiwani. Also, the respondent is facing trial, relating to FIR, got lodged by the applicant under Section 498-A IPC, in the Courts at Bhiwani. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 110 kilometres, to defend the divorce petition.

On the contrary, the counsel for the respondent submits that the applicant herself is not inclined to join the company of the respondent and he is doing menial work only.

In view of the submissions aforesaid 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, while considering the distance between the two places, more particularly, considering the fact about the applicant to be taking care of the minor son and also the fact about the respondent already making appearance in two cases, in the Courts at Bhiwani, the transfer application is allowed and            !"!"#




 

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(ARCHANA PURI) 28.02.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No