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High Court of Punjab and HaryanaTA/725/2024allowed

Pooja Rani v. Vikrant

2025-01-20Mrs. Justice Archana Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.111 Date of Decision: 20.01.2025  ....Applicant

Versus



.....Respondent

CORAM:

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

None for the respondent.

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

 

   

          



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It is submitted by the counsel for the applicant that the marriage

between the parties to the lis, had taken place on 28.10.2020, but no child was born from the said wedlock. However, on account of the matrimonial discord, the parties are residing separate. Earlier also, the petition for seeking divorce was filed, which was withdrawn on account of the amicable settlement, on the basis whereof, the petition under Section 13-B of the Hindu Marriage Act, was filed before the Family Court, Karnal. Even, the statements of first motion were recorded. However, the respondent was not inclined to comply with the terms settled, as a result whereof, the petition under Section 13-B of the Hindu Marriage Act, was dismissed as withdrawn. Even, it is submitted that FIR bearing No.5 dated 20.03.

2024, under Sections 323, 406, 498-A and 506 IPC, got lodged by the applicant at Women Police Station Assandh, District Karnal, is pending invesitgation. Also, the petition under Section 125 Cr.P.C., filed by the applicant, is pending in the Family Court, Karnal. The applicant is not having any source of earning, as she is pursuing her graduation. As such, a prayer has been made for transfer of the divorce petition.

In view of the aforesaid fact situation, considering the fact that the respondent has not come forth to resist the transfer application and also considering the position of law about preference to be given to the convenience of the wife in the transfer applications relating to the matrimonial dispute, the transfer application is allowed and 

        

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(ARCHANA PURI) 20.01.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No