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High Court of Punjab and HaryanaTA/688/2024allowed

Surbhi v. Parvesh Mittal

2025-02-05Mrs. Justice Archana Puri2 pages

TA-688-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.113 TA-688-2024 Date of Decision: 05.02.2025 SURBHI ....Applicant

Versus

PARVESH MITTAL .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Dhruv Khanna, Advocate for the applicant. Respondent proceeded against ex parte vide order dated 23.01.2025.

***** 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 18.10.2015. One daughter born from the said wedlock, who is about 7 years old, is in the care and custody of the applicant. On account of the matrimonial discord, the applicant is residing at her parents place. She is not having any source of earning. Even, she has got lodged an FIR bearing No.45/2018, under Sections 406 and 498-A IPC, at Police Station Sadar, Rupnagar, relating to which trial is pending in the Courts at Rupnagar and the respondent is Sonu 2025.02.05 17:32 I attest to the accuracy and authenticity of this document P&HHC

TA-688-2024 making appearance in the same. Likewise, the applicant has also filed the petition for seeking maintenance i.e. MNT-125/252/2021, which is pending in the Courts at Rupnagar and the respondent is making appearance in the same also. The said case is at the stage of recording of respondent's evidence. Even, CRR/130/2023 is also pending in the Courts at Rupnagar. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 200 kilometres, to defend the divorce petition, more particularly, while taking care of the minor daughter. 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 and also considering the fact that the respondent has not come forward to contest the application, the transfer application is allowed and                !"#"$%   

  

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(ARCHANA PURI) 05.02.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.02.05 17:32 I attest to the accuracy and authenticity of this document P&HHC