Neha v. Ankush

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.119 Date of Decision: 06.02.2025 NEHA
....Applicant

Versus

ANKUSH .....Respondent

CORAM:

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

Mr. Ashwani Gaur and Ms. Shivangi Sharma, Advocates for the respondent.

***** ARCHANA PURI, J. (Oral) In consonance with the observations made in the order dated 09.12.2024, passed by this Court, it is submitted by the counsel for the parties that the parties are not interested for any amicable settlement.
 

 

   

       

     

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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 25.11.2020, but no child

was born from the said wedlock. However, on account of the matrimonial discord, the parties are residing separate, as a consequence whereof, the applicant has filed the petition under Section 12 of the Protection of Women from Domestic Violence Act i.e. COMA/18/2024 and the petition under Section 125 Cr.P.C. i.e. MNT-125/23/2024, which are pending in the Courts at Charkhi Dadri, at appearance stage. Besides the same, it is also submitted that the trial, relating to the FIR got lodged by the applicant under Sections 406 and 498-A IPC, is pending in the Courts at Charkhi Dadri. The applicant is not having any source of earning and is dependent upon her aged father and as such, it is difficult for her to commute a distance of about 110 kilometres, to defend the petition under Section 12 of the Hindu Marriage Act.

On the contrary, the counsel for the respondent submits that it shall be harsh for the respondent also, if the application is allowed and the case is transferred.

In view of 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, more particularly, when three other cases are already pending in the Courts at Charkhi Dadri, the transfer application is allowed and             

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 (ARCHANA PURI) 06.02.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No