Neha @ Neha Sharma And Others v. Mahender Pal Harit

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.229 Date of Decision: 04.09.2024



 ....Applicants

Versus


 

.....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Pallavi Babbar, Advocate for the applicants.

Mr. Lajpat Rai Sharma, Advocate for the respondent.

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

 

  

        

           

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# Protection of Women from Domestic Violence Act, which are pending in the Courts at Karnal. Even, the applicant has got lodged an FIR bearing No.860 dated 14.10.2023, under Sections 323, 406 and 498-A IPC at Police Station Karnal City, and qua the same, challan has been presented and trial is pending in the Courts at Karnal. Also, it is submitted by the counsel for the applicant that the son born from the wedlock of the parties, is in the care and custody of the applicant. She is having no independent source of income and totally dependent upon her parental family. Hence, a prayer has been made for transfer of the civil suit from Kaithal to Karnal, more particularly, while taking into consideration the minor child, living in the care and custody of applicant No.1.

On the contrary, the counsel for the respondent, while making reference to the contents of the reply, has submitted that the applicant was not taking care of the minor child, while she was living in the matrimonial house. Also, he has made reference to one incident, when the applicant No.1 along with her husband, had gone for a trip to Mussoorie, leaving behind the minor child with the grand-parents. Furthermore, it is submitted that the respondent is a senior citizen and considering the same, he makes a prayer for dismissal of the application.

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 (ARCHANA PURI) 04.09.2024 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No