High Court of Punjab and HaryanaTA/787/2023allowed

Shivani v. Ram Phal

2024-12-19Mrs. Justice Archana Puri2 pages

TA-787-2023 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.104 TA-787-2023 (O&M) Date of Decision: 19.12.2024 ....Applicant

Versus

.....Respondent

CORAM:

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

Respondent proceeded against ex parte vide order dated 04.12.2024.

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

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" % -! matrimonial discord, the parties are residing separate. Even, the respondent has filed the petition under Section 125 Cr.P.C. and the petition under Section 13 of the Hindu Marriage Act, which are pending in the Courts at Panipat. The respondent is Sonu 2024.12.19 16:17 I attest to the accuracy and authenticity of this document P&HHC

TA-787-2023 (O&M) making appearance in the said cases. Besides the same, the respondent is facing trial in FIR bearing No.153 dated 18.08.2021, under Sections 323, 376, 498-A and 506 IPC, got lodged by the applicant at Women Police Station, Panipat. The applicant is not working and as such has no independent source of earning. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 60 kilometres, to defend the petition under Section 9 of the Hindu Marriage Act.

In view of the aforesaid fact situation 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) 19.12.2024 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2024.12.19 16:17 I attest to the accuracy and authenticity of this document P&HHC