Vinita v. Anurag

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.107 Date of Decision: 24.09.2024 VINITA ....Applicant

Versus

ANURAG .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Rajni Bala Rohilla, Advocate for the applicant.

Mr. Sushil Sheoran, Advocate for the respondent.

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

 

    

             



!!"  


 

#$  

# "

    %&$' "(      & 

'  & 

)   '*

+      " 

& 

   $

,     

    -$    "      #&

  #$           

   &#

     "   

.

!

!/ 

   # &   "#  -"

$  -- 
 0%+12 !

  !

!!"      !"  3"   3"  .."  3 /      4  +5'"  %+1  2  /    4 / !!"   !"!

"3"3  4+5' %+12 

 !4

!!!"   !"3"3" 4   +5'"$     '  '* ( &"  

        !

' '

       

! Protection of Women from Domestic Violence Act and the same are also pending in the Courts at Charkhi Dadri. Also, it is submitted that there is danger to the life of the applicant, at the instance of the respondent, if she goes to Bhiwani Courts, to defend the divorce petition. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 35 kilometres, to defend the divorce petition. On the contrary, the counsel for the respondent has assiduously refuted the claim for transfer of the divorce petition. In fact, it is submitted by the counsel that the evidence of the respondent has already been closed in the divorce petition. Now, the case is at the stage of recording of evidence of the applicant (who is respondent before the Family Court).

Also, it is submitted that the applicant is working as a Lecturer in Senior Secondary School in Charkhi Dadri. Also, it is submitted that false allegation, with regard to threat to her life, existing at the instance of the respondent, has been made. In fact, she had pursued the divorce petition and the same is now at the stage of recording of evidence of the respondent. In view of the submissions aforesaid, it is pertinent to mention that even though, the applicant is working as a Lecturer, which fact has been disclosed by the counsel for the respondent, but however, this fact was never disclosed in the application. In the given circumstances, there is concealment of the material fact.

it is not a thumb rule. Various other circumstances, coming forth, have also to be taken into consideration.

As observed aforesaid, there is concealment of fact of vocation followed by the applicant, in the application. Furthermore, considering the applicant to be having an independent source of earning, it shall not be difficult for her to defend the divorce petition, from a distance of about 35 kilometres, from the place of her residence and workplace, more particularly, when she had filed the transfer application after a period of three years, when the same had reached the stage of recording of the respondents evidence.

Considering the aforesaid fact situation, no case is made out for allowing the transfer application. Hence, the same is hereby dismissed. (ARCHANA PURI) 24.09.2024 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No