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High Court of Punjab and HaryanaTA/653/2024allowed

Jotpreet Kaur v. Parminder Singh

2024-12-17Mrs. Justice Archana Puri3 pages



IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.110+161 TA-653-2024 (O&M) Date of Decision: 17.12.2024   

....Applicant

Versus

 

.....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Sandeep Godara, Advocate, for Mr. Ajay Pal Singh Rehan, Advocate for the applicant.

Mr. Vishal Sharma (Vasudeva), Advocate for the respondent.

***** ARCHANA PURI, J. (Oral) CM-20630-CII-2024 The present application has been filed by the respondent, for placing on record the reply to the transfer application. In view of the averments made in the application, same is allowed and the requisite reply is taken on record. Main case  

 

   

          

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 On account of the matrimonial discord, the applicant has filed the petition under Section 125 Cr.P.C. and the petition under Section 12 of the Protection of Women from Domestic Violence Act and the same are pending in the Courts at Hoshiarpur. In both the said cases, the respondent has already made appearance and is pursuing the same. The applicant is not having any source of earning and as such, it is difficult for her to defend the petition under Section 9 of the Hindu Marriage Act, which is pending in the Courts at Ludhiana, more particularly, while she is taking care of the minor daughter.

On the other hand, the counsel for the respondent has resisted the claim of the applicant, as he submits that a complaint was filed by the applicant before the police authorities and the same has since been filed. In the given circumstances, the version given by the applicant is false. In view of the aforesaid fact situation and also taking into consideration 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, while the applicant is taking care of the minor daughter, the transfer application is allowed and        

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 (ARCHANA PURI) 17.12.2024 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No