Vinita v. Pushpinder Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.104 CM-19488-CII-2024 IN/AND TA-705-2024 Date of Decision: 04.02.2025 VINITA ....Applicant

Versus

PUSHPINDER SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Sushant Kohli, Advocate for the applicant.

(through video conferencing).

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

***** ARCHANA PURI, J. (Oral) CM-19488-CII-2024 The present application has been filed by the respondent for placing on record the reply along with Annexures R-1 and R-2. In view of the averments made in the application, same is allowed and the requisite documents are taken on record. Though, the main case is not listed for today, but however, the same is taken up for hearing today itself.

Main case
 

 

   

          

 

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   /#    !  t is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 29.11.2009, but no child was born from the said wedlock. However, on account of the matrimonial discord, the parties are residing separate. Even, the applicant had filed the petition under Section 125 Cr.P.C., in the Courts at Farrukhabad, Uttar Pradesh, while she was staying there and ex parte order was passed by the Court on 31.03.2017. However, no maintenance has been paid by the respondent, till date. Further also, it is submitted that thereafter, the applicant had shifted her residence to Jalandhar, which fact is also not disputed by the counsel for the respondent, as he has annexed a copy of her Aadhar Card along with the reply.

The applicant is not having any source of earning and as such, it is difficult for her to commute a distance of about 120 kilometres, to defend the divorce petition. On the contrary, the counsel for the respondent, while making reference to the reply filed, submits that the application for transfer has been filed, only for the convenience of the counsel, who is making appearance on behalf of the applicant. Also, it is submitted that in the pending divorce petition, issues have been framed and the case is at the stage of evidence of the respondent (who is petitioner in the divorce petition).

considering the distance between Jalandhar and Khanna to be about 120 kilometres, more particularly, while the applicant is not having any source of earning, the transfer application is allowed and           

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(ARCHANA PURI) 04.02.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No