Komal v. Rahul

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.202 Date of Decision: 03.02.2025 KOMAL ....Applicant

Versus

RAHUL .....Respondent

CORAM:

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

Mr. B.S. Bajwa, Advocate for the respondent.

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

 

   

          

 

! 
 

"#  

" !

    '     % 

&  % 

( )!* + 

,      ! 

% 

   #  -     

  .#  !     

"%   the marriage between the parties to the lis, had taken place on 18.02.2022, but no child was born from the said wedlock. However, due to the matrimonial discord, the parties are residing separate. The applicant is not working and as such, has no independent source of earning. In fact, she has filed the

petition under Section 125 Cr.P.C., which is pending in the Courts at Guhla, District Kaithal, wherein the respondent is making appearance. Even, challan has been presented in the FIR bearing No.412 dated 06.10.2022, under Sections 323, 34, 406, 498-A, 506 and 509 IPC, got lodged by the applicant at Police Station Cheeka, District Kaithal. The said trial is also pending in the Courts at Kaithal. Even, the applicant has filed the petition under Section 12 of the Protection of Women from Domestic Violence Act, which is also pending in the Courts at Guhla, District Kaithal and the respondent is making appearance in the same also. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 155 kilometres, to defend the divorce petition. On the other hand, the counsel for the respondent submits that even though, in the FIR, all the family members of the respondent were represented, but challan has only been presented against the applicant. Looking at this conduct of the applicant, the divorce petition ought not be transferred.

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 particulalry, when the applicant is not having any source of earning and also considering the distance between the two places, the transfer application is allowed and

         

!


 

"#  

" !     % !' !  &  % 

(

)!* +  
/    "

"#

!' !  *  0!+ 

- *  0!+ !      1&%& 2) 3. !     " 1&%& 2)!   %

% #



(ARCHANA PURI) 03.02.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No