Karishma Kapoor v. Vivek Kapoor

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.112 TA-829-2024 Date of Decision: 21.01.2025



   ....Applicant

Versus

   

.....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Rakhi Sharma, Advocate for the applicant.

Mr. Prabhjot Singh Bedi, Advocate for the respondent.

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

          

              

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&   the marriage between the parties to the lis, had taken place on 19.10.2013. Two daughters born from the said wedlock, are in the care and custody of the applicant, who is residing with her parental family at Amritsar. Also, it is submitted that the divorce petition had been filed by the respondent, which was initially filed at Ludhiana. However, in pursuance of the transfer application, the said divorce petition was transferred to Amritsar. Copy of the transfer order is Annexure P-1. Also, an Fir bearing No.34 dated 01.06.2023, under Section 498-A IPC, was got lodged by the applicant at Women Police Station, District Amritsar, which is pending investigation. In these circumstances, it is submitted that it is difficult for the applicant to defend the guardianship petition, while commuting a distance of about 140 kilometres.

On the other hand, the counsel for the respondent has though, not filed the reply, but he submits that if the case is so transferred, it shall also be difficult for the respondent to pursue the guardianship petition, as his business shall be affected, on this account.

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 taking care of two daughters and also the fact that the divorce petition already stands tranferred to the Amritsar Courts, the transfer application is allowed and        

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(ARCHANA PURI) 21.01.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No