Mandeep Kaur & Neeta v. Dilbag Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Sr. No.218 TA-444-2024 Date of Decision: 20.02.2025
....Applicant
Versus
.....Respondent
CORAM:
HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. P.K.S. Phoolka, Advocate for the applicant.
Mr. Arshdeep Singh Brar, Advocate for the respondent.
***** ARCHANA PURI, J. (Oral)
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$/ $% On account of the matrimonial discord, the
parties are residing separate. The applicant had filed the petition under Section 12 of the Protection of Women from Domestic Violence Act i.e. COMA/238/2021, in the Courts at Talwandi Sabo. In the said petition, the respondent, though, had made appearance, at first instance, but was proceeded against ex parte and interim maintenance was fixed, relating to which, separate execution is pending in the Courts at Talwandi Sabo. Similar is the position, with regard to the petition under Section 125 Cr.P.C. i.e. MNT-125/301/2001, filed by the applicant. Also, it is submitted that the applicant is not having any source of earning and is dependent upon her parental family.
On the contrary, the counsel for the respondent submits that the distance between the two places is not 100 kilometres, as pleaded in the application and it is less. As such, the applicant can very conveniently pursue the petition, while staying at Talwandi Sabo. In view of the submissions aforesaid, 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 the respondent himself has not filed reply, to bring out any strong circumstance for denial of the application and also considering the distance between the two places to be about 100 kilometres, the transfer application is allowed and
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' ' (ARCHANA PURI) 20.02.2025 JUDGE Himanshu Whether speaking/reasoned :
Yes Whether reportable :
Yes/No