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High Court of Punjab and HaryanaTA/453/2024allowed

Laxmi Rani v. Kush

2025-02-27Mrs. Justice Archana Puri2 pages

  

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.110 TA-453-2024 Date of Decision: 27.02.2025



 ....Applicant

Versus

 .....Respondent

CORAM:

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

Respondent proceeded against ex parte vide order dated 18.02.2025.

***** 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, had taken place on 11.12.2024. One son born from the said wedlock, who is about 9 years old, is in the care and custody of the applicant. However, on account of the matrimonial discord, the parties are residing separate. The applicant is not doing job and thus, has no independent source of earning. She is totally dependent upon her parental Sonu 2025.02.27 17:42 I attest to the accuracy and authenticity of this document P&HHC

   family. Even, the applicant has filed the petition under Section 125 Cr.P.C., which is pending in the Courts at Patiala and the respondent has been proceeded ex parte, in the same. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 115 kilometres, to defend the petition under Section 9 of the Hindu Marriage Act, more particularly, when the child in the applicant's custody is schoolgoing. In view of the aforesaid fact situation, 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 applicant is taking care of the minor child, who is school-going and also considering the fact that the respondent has not come forth to contest the application, the transfer application is allowed and   

      

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 (ARCHANA PURI) 27.02.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.02.27 17:42 I attest to the accuracy and authenticity of this document P&HHC