Manita v. Rajesh Kumar
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Sr. No.109 Date of Decision: 04.03.2025 MANITA ....Applicant
Versus
RAJESH KUMAR .....Respondent
CORAM:
HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Gurasis Singh, Advocate for the applicant.
Mr. Nikhil Sharma, Advocate for the respondent.
***** 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 12.02.2023. One son born from the said wedlock, who is about 2 years old, is in the care and custody of the applicant. On account of the matrimonial discord, the parties are residing separate. The applicant is residing with her parents. She has no source of earning and as such, is totally dependent upon her parental family. Moreover, she has filed the petition for seeking maintenance i.e. MNT/95/2024, which is pending in the Courts at Jhajjar, at appearance stage. Considering the same, it is submitted that it is difficult for the applicant to commute a distance of about 100 kilometres, to defend the divorce petition.
On the other hand, the counsel for the respondent submits that it shall be inconvenient for the respondent also, to pursue the divorce petition, if so transferred.
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, considering the applicant to be taking care of the minor son and having no source of earning and also keeping in view the fact about the maintenance petition to be already pending in the Courts at Jhajjar, the transfer application is allowed and
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(ARCHANA PURI) 04.03.2025 JUDGE Himanshu Whether speaking/reasoned :
Yes Whether reportable :
Yes/No