Arti Rani v. Amit Kumar
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Sr. No.116 Date of Decision: 06.03.2025 1.
TA-387-2024 (O&M) ....Applicant
Versus
.....Respondent 2.
TA-391-2024 ....Applicant
Versus
.....Respondent
CORAM:
HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Arun Kumar Gupta, Advocate for the applicant (in both the cases).
Mr. Pawan Attri, Advocate for the respondent (in both the cases).
***** ARCHANA PURI, J. (Oral) Vide this order, I shall dispose of two applications, filed by Arti Rani-applicant/wife, for seeking transfer of the litigation, pending between
the parties to the lis.
TA-387-2024 has been filed by the
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2 % t is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 22.07.2015. From the said wedlock, one son was born in the year 2016, who is presently stated to be about 9 years old and he is in the care and custody of the applicant. On account of the matrimonial discord, the parties are residing separate. The applicant has no source of earning, as a result whereof, she has filed the petition under Section 125 Cr.P.C. i.e. MNT/253/2023, which is pending in the Courts at Ambala and the respondent is making appearance in the same. In the given circumstances, it
is submitted that on account of the applicant having no source of earning, it is difficult for her to defend the petition under Section 9 of the Hindu Marriage Act, as well as the guardianship petition, filed by the respondent in the Courts at Kurukshetra, while taking care of the minor son. On the other hand, the counsel for the respondent, while making reference to the reply filed, submits that it shall be inconvenient for the respondent also, in case the transfer applications are allowed. In view of the submissions aforesaid, it is pertinent to mention that convenience of the wife, ought to be taken into consideration. However, it is not a thumb rule. Various other circumstances, spelt out from the material brought on record, also ought to be taken into consideration. In the case in hand, the minor son born from the wedlock of the parties, is in the care and custody of the applicant. Moreover, the applicant is not having any source of earning.
In view of the aforesaid fact situation, the inconvenience, if any caused to the respondent-husband, shall not be to such an extent. Thus, considering the same, the transfer applications are allowed and
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& & % (ARCHANA PURI) 06.03.2025 JUDGE Himanshu Whether speaking/reasoned :
Yes Whether reportable :
Yes/No