Harpreet Kaur And Another v. Kulwant Kaur

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.103 Date of Decision: 18.03.2025 HARPREET KAUR AND ANOTHER ....Applicants

Versus

KULWANT KAUR .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Mohit Kumar, Advocate for Mr. G.S. Sidhu, Advocate for the applicant.

Mr. D.S. Bhinder, Advocate for the respondent (through video conferencing).

***** ARCHANA PURI, J. (Oral) CM-9297-CII-2023 Keeping in view the averments made in the application, same is allowed.

Main case The counsel for the respondent submits that he does not want to file reply to the transfer application, though he contests the same. The counsel for the parties heard.

 

 

 

                          



 



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         t is submitted by the counsel for the applicants that the marriage between applicant No.1 and Lakhwinder Singh, son of the respondent, had taken place on 16.09.2021. From the said wedlock, one son was born on 12.07.2022, who is applicant No.2. However, unfortunately, the husband of applicant No.1 had committed suicide on 10.09.2022. Also, it is submitted that it was on account of the bad conduct of the family members of the respondent that the husband of applicant No.1 had committed suicide. The applicant is not having any source of earning and she is totally dependent upon her parental family, along with her minor son, who is about 21⁄2 years old.

In these circumstances, it is submitted that it is difficult for the applicant(s), to commute a distance of about 60 kilometres, to defend the litigation, initiated at the instance of her mother-inlaw, after death of her (applicant's) husband. On the other hand, the counsel for the respondent has though, not filed the reply to the transfer application, but he submits that the respondent is an aged woman and she along with her aged husband are residing at Binjal, Tehsil Raikot, District Ludhiana. Also, he submits that if the civil suit is transferred, it shall be difficult for them also to pursue the litigation.

In view of the submissions aforesaid, at the very outset, it is pertinent to mention that the present application has been filed by the daughter-in-law of the respondent, for seeking transfer of the civil suit, which was instituted after death of her husband. Considering the fact of the applicant not having any source of earning and also taking care of the son,

who is about 21⁄2 years old, it is just and expedient that the transfer application is allowed and the civil suit is transferred. In view of the aforesaid fact situation, the transfer application is allowed and  



 



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   (ARCHANA PURI) 18.03.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No