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High Court of Punjab and HaryanaTA/790/2023allowed

Paramjit Kaur v. Gurwinder Singh

2025-04-04Mrs. Justice Archana Puri3 pages



IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.208 TA-790-2023 Date of Decision: 04.04.2025

 



....Applicant

Versus

   .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Hitesh Verma, Advocate for the applicant (through video conferencing).

None for the respondent.

***** ARCHANA PURI, J. (Oral) Perusal of the paperbook reveals that the respondent had made appearance through counsel on 03.10.2023. However, on the subsequent dates, none had made made appearance on behalf of the respondent. Even today, none has made appearance on his behalf. As such, the respondent is proceeded against ex parte.

The counsel for the applicant heard.

 

 

   

          



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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 10.03.2007. One son was born from the said wedlock in the year 2011, who is presently in the care and custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. The applicant had filed the petition under Section 125 Cr.P.C., which is pending in the Courts at Barnala and the respondent is making appearance in the same. Also, it is submitted that the applicant is working in Government Primary School, Thulleweal, Barnala. Considering the same and while taking care of the minor son, it is difficult for the applicant to commute a distance of about 60 kilometres, to defend the divorce petition.

In view of the submissions aforesaid, considering the position of law about preference given to the convenience of the wife in the transfer applications relating to the matrimonial disputes, more particularly, when the applicant is taking care of the minor son and also considering the fact about other litigation arising from this matrimonial dispute already pending in the Courts at Barnala, which is pursued by the respondent, the transfer application is allowed and                    

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(ARCHANA PURI) 04.04.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No