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High Court of Punjab and HaryanaTA/703/2024allowed

Priyanka v. Vikas

2024-09-09Mrs. Justice Archana Puri4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.139 Date of Decision: 09.09.2024 1.

TA-703-2024 PRIYANKA ....Applicant

Versus

VIKASH .....Respondent 2.

TA-718-2024 MEENA ....Applicant

Versus

NAVEEN .....Respondent 3.

TA-704-2024 PRIYANKA AND ANOTHER ....Applicants

Versus

SAVITRI DEVI .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Rahul Noorie, Advocate, for Mr. Abhimanyu Singh, Advocate for the applicant(s) (in all the applications). Respondent(s) proceeded against ex parte vide order dated 05.09.2024.

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

These are three transfer applications, filed by two sisters, to seek transfer of various cases, arising out of the matrimonial dispute with their respective husbands and their family.

TA-703-2024 has been filed by the  





 



  

 

       

       TA-718-2024 has been filed by the   

  

 

  

 



 

              TA-704-2024 has been filed by the      



  

 



 

 Protection of Women from Domestic Violence Ac   

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  Protection of Women from Domestic Violence Act. As a result of initiation of the aforesaid litigation by

the respondents, the applications have been filed for seeking transfer of the aforesaid litigation from Narnaul to Bhiwani. In this backdrop, at the very outset, it is submitted by the counsel for the applicant(s) that both Priyanka and Meena, have one son each, who are in the age bracket of 1-2 years. Both the said sons are with their respective mothers, who are residing, at present, with their parents at Bhiwani. Also, it is submitted by the counsel that both the said sisters are not working and not having any independent source of earning. As such, they are totally dependent upon their parents. Furthermore, it is submitted that both the sisters, Priyanka and Meena, have also filed their respective petitions under Section 125 Cr.P.C., which are pending in the Courts at Bhiwani. Even, Meena had got lodged an FIR bearing No.68 dated 30.

06.2023, under Sections 323, 34, 342, 498-A and 506 IPC, at Women Police Station, District Bhiwani and the same is pending trial in the Court of Chief Judicial Magistrate, Bhiwani. Even, both the sisters have filed the petitions under Section 12 of the Protection of Women from Domestic Violence Act against their respective husbands and the same are also pending in the Courts at Bhiwani.

It is a well settled position of law that in the transfer applications, relating to the matrimonial disputes, convenience of the wife ought to be taken into consideration. Considering the same and also taking into consideration the distance between Bhiwani and Narnaul to be about 100 kilometres, as well as the fact of the applicant(s) taking care of minor sons, 

 

       



  

  

  





  

 

 



 

 

    

 

     



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(ARCHANA PURI) 09.09.2024 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No