Moni Bala v. Harprit Singh Bahad

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.107 TA-863-2023 Date of Decision: 20.01.2025

 ....Applicant

Versus

 

 .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Deepak Girotra and Ms. Nirmala Jangra, Advocates for the applicant.

Mr.Anish Setia, Advocate for the respondent.

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

 

   

          

 

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    ,$    " It is submitted by the counsel for the applicant that the marriage between the parties to the lis, was solemnized on 12.03.2016, but no child was born from the said wedlock. However, due to the matrimonial discord and primarily on account of the criminal background of the respondent, as detailed in the paragraph No.5 of the application, the parties are residing separate. Also, it is submitted that the applicant is not working and has no independent source of earning and is

totally dependent upon her parental family. Even, she has filed the petition under Section 125 Cr.P.C., which is pending in the Courts at Ludhiana and the same is also pursued by the respondent. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 170 kilometres, to defend the divorce petition filed at Pathankot. On the contrary, the counsel for the respondent resist the claim for transfer, as he submits that the applicant had not made appearance before the Family Court, at the time of filing the application. She had made appearance before the Family Court, only in pursuance of the direction given by this Court. Also, it is submitted that the applicant is a well-educated lady and is indulging in tuition work.

In the given circumstances, it is submitted that she can pursue the divorce petition, pending at Pathankot. In view of the submissions aforesaid, it is pertinent to mention that generally the preference is given by the Courts to the convenience of the wife, in case of transfer applications, relating to the matrimonial dispute. Considering the aforesaid and also taking into consideration the applicant is not having any source of earning and also the fact of the petition under Section 125 Cr.P.C.

 

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(ARCHANA PURI) 20.01.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No