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High Court of Punjab and HaryanaTA/565/2024allowed

Poonam v. Mangu Ram

2025-01-14Mrs. Justice Archana Puri2 pages

TA-565-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.116 TA-565-2024 Date of Decision: 14.01.2025 POONAM ....Applicant

Versus

MANGU RAM .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Subhashish Kukreti, Advocate for the applicant. Respondent proceeded against ex parte vide order dated 13.01.2025.

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

 

    

            



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  the marriage between the parties to the lis, had taken place on 15.05.2007. Two children were born from the said wedlock. The daughter is about 13 years old and the son is about 12 years old. The son is residing with the applicant, whereas, the daughter is in the care and custody of the respondent. However, on account of the matrimonial discord, the parties are residing separate. The applicant has also filed the petition under the Sonu 2025.01.14 14:59 I attest to the accuracy and authenticity of this document P&HHC

TA-565-2024 Protection of Women from Domestic Violence Act, which is pending in the Courts at Nabha and the respondent is already making appearance in the same. It was only as a counter-blast, that the petition under Section 9 of the Hindu Marriage Act has been filed.

Also, it is submitted that the applicant is not working and as such, has no independent source of earning. In the given circumstances, it is submitted that it is difficult for her to commute a distance of about 150 kilometres, on one side, to defend the petition under Section 9 of the Hindu Marriage Act, more particularly, while taking care of the minor son. In view of the aforesaid fact situation, considering the fact that the respondent has not turned up to contest the transfer application 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, the transfer application is allowed and   

                

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 (ARCHANA PURI) 14.01.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.01.14 14:59 I attest to the accuracy and authenticity of this document P&HHC