Pawandeep Kaur v. Amritbir Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.106 Date of Decision: 23.09.2024 PAWANDEEP KAUR ....Applicant

Versus

AMRITBIR SINGH .....Respondent

CORAM:

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

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

 

   

         



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*      "Mr. Naveen Bawa, Advocate, has made appearance on behalf of the respondent and filed Power of Attorney, which is taken on record.

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&  &       $ /,      Protection of Women from Domestic Violence Act, filed by the applicant, is pending in the Courts at Ludhiana is at appearance stage. The applicant is a housewife and has no independent source of earning. In these circumstances, it is submitted that it is difficult for the applicant to commute about 140 kilometres, to defend the divorce petition.

The counsel for the respondent has though made appearance, but however, the reply was not intended to be filed. In fact, the counsel for the respondent submits that the respondent is the only son of his parents and therefore, it shall also become difficult for him to pursue the divorce petition, if transferred to Ludhiana.

In view of the rival submissions, it is pertinent to mention that it is a settled position of law that the convenience of the wife ought to be taken into consideration. The reason assigned to resist the transfer application is that the respondent is the only son of his parents, but however, it matters not much. All the circumstances ought to be taken into consideration. Two cases, as detailed aforesaid, arising from the matrimonial dispute, are already pending in Ludhiana. In one of the cases, the respondent is already making appearance.

In view of the aforesaid fact situation, taking into consideration the distance between the two places, where the divorce petition is pending and where the applicant is residing and also considering the applicant to be having no source of earning,   #$           

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(ARCHANA PURI) 23.09.2024 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No