Bhupinder Kaur v. Kamaldeep Singh Saini
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Sr. No.108 Date of Decision: 06.02.2025 1.
TA-811-2023 BHUPINDER KAUR ....Applicant
Versus
KAMALDEEP SINGH SAINI .....Respondent 2.
TA-878-2023 BHUPINDER KAUR ....Applicant
Versus
KAMALDEEP SINGH SAINI AND OTHERS .....Respondents
CORAM:
HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. P.S. Kanwar, Advocate for the applicant (in both the cases).
Respondent (in TA-811-2023) proceeded against ex parte vide order dated 03.02.2025.
None for respondent No.1 (sole contesting respondent) (in TA-878-2023).
***** ARCHANA PURI, J. (Oral) Vide this order, I shall dispose of two applications, filed by Bhupinder Kaur-applicant/wife, for seeking transfer of the litigation, pending between the parties to the lis.
TA-811-2023 has been filed by the
!" #! $ %
!
!"
# &'( %
)
& #*
+ & #
+ ,# # -##
# .$ ((
/ + #
0
$ %
+
!
1 ( . / 0
+ !
#
$ %
#
+ + #+
!
$ ((
At the very outset, the counsel for the applicant has submitted that the marriage between the applicant-Bhupinder Kaur and the respondentKamaldeep Singh Saini, had taken place on 27.11.2020, but no child was born from the said wedlock. However, on account of the matrimonial discord, the parties are residing separate. The applicant is not having any source of income and as such, she had filed the petition under Section 125 Cr.P.C., which is pending in the Courts at Hoshiarpur. Even, she had got lodged an FIR bearing No.320 dated 09.12.2022, under Sections 406 and 498-A IPC, at Police Station Model Town, District Hoshiarpur, relating to
which challan has been presented against the respondent and the trial is pending in the Courts at Hoshiarpur. Besides the same, she has also filed a private complaint under Section 406 and 498-A IPC, against the parents and other family members of the respondent, which is also tagged with the file and is pending in the Courts at Hoshiarpur. Also, she has filed the petition under Section 12 of the Protection of Women from Domestic Violence Act, which is also pending in the Courts at Hoshiarpur. As such, it is submitted that there are total four cases pending in the Courts at Hoshiarpur and the respondent-Kamaldeep Singh, is making appearance in all the aforesaid cases.
Also, it is submitted that the petition under Section 13 of the Hindu Marriage Act, as well as the civil suit, have been filed by the respondent, only to harass the applicant. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 120 kilometres, to defend the litigation, initiated at the instance of the respondent, more particularly, while she is having no source of earning. In view of the aforesaid fact situation, 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, more particularly while the applicant is not having any source of earning and also considering the fact that the respondent has not come forward to resist the transfer application, as well as taking into consideration the fact about four cases arising from the matrimonial dispute pending in the Courts at Hoshiarpur, the transfer applications are allowed and
# &'( %
!"
+ & # * & #
+ ,# # $
4#
!
!" & #
5'
*# # 5'
*# # 3+"& # #0
!
3+"& # #
+ + " (ARCHANA PURI) 06.02.2025 JUDGE Himanshu Whether speaking/reasoned :
Yes Whether reportable :
Yes/No