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High Court of Punjab and HaryanaTA/792/2023allowed

Harpreet Kaur Gill v. Harinder Singh Sandhu

2024-09-26Mrs. Justice Archana Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.114 Date of Decision: 26.09.2024  

 ....Applicant

Versus





   .....Respondent

CORAM:

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

Mr. K.S. Brar, Advocate for the respondent.

***** ARCHANA PURI, J. (Oral) In consonance with the order dated 25.09.2024 passed by this Court, copy of the guardianship petition, which was transferred vide order dated 15.05.2024, has been produced by the counsel for the applicant and the same is taken on record.

Reply to the transfer application not filed. However, the counsel for the respondent submits that he does not want to file reply, but he contests the application.

Learned counsel for the parties heard.

 

 

   

        



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   Protection of Women from Domestic Violence Act and in both the aforesaid cases, the respondent is already making appearance. Also, it is submitted by the counsel that the respondent had filed the petition under Section 25 of the Guardians and Wards Act i.e. GW/91/2022, in the Courts at Bathinda. However, vide the judgment passed by this Court in FAO-5519-2023, the guardianship petition stands transferred to the Family Court, Fazilka and thereupon, the respondent is making appearance in the same.

In the given circumstances, the counsel submits that it is difficult for the applicant to defend the petition under Section 9 of the Hindu Marriage Act, from a distance of about 85 kilometres, from the place of her residence, more particularly, while she is having the custody of the minor child and having no source of earning.

On the other hand, the counsel for the respondent submits that the respondent is suffering from depression. During the course of making submissions, the counsel for the respondent has placed on record the certificate issued by Dr. Satish Thapar, who states about the respondent to be under his treatment for psychiatric illness as on OPD patient. May it be so. However, from the said certificate, it is not evident about the extent of illness suffered by the respondent. Even, the

reply, as such, has not been filed, thereby specifying the extent of illness, and whether it hampers the day-to-day movement of the respondent. In view of the submissions made aforesaid, more particularly, considering the settled position of law about weightage to be given to the convenience of the wife, in case of transfer applications relating to the matrimonial dispute and also considering the minor child to be in the care and custody of the applicant and she having no sour of earning, the application #$               

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 (ARCHANA PURI) 26.09.2024 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No