Mamta Jain@Mamta Jindal v. Prince Gupta

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.101-1

 

  MAMTA JAIN @ MAMTA JINDAL ....Applicant

Versus

PRINCE GUPTA .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. J.S. Bhinder, Advocate for Mr. Amit Jain, Advocate for the applicant.

Mr. Tanvir S. Attariwala, Advocate for the respondent (through video conference).

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

 

   

     






 

 

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  .%( (%(       Protection of Women from Domestic Violence Act, which are pending in the Courts at Sunam. The said cases are still at the appearance stage.

On the contrary, the counsel for the respondent refuted the claim of the applicant. He submits that the applicant is suffering from mental disorder, on account of which the petition under Section 12 of the Hindu Marriage Act has been filed. Furthermore, it is submitted that the family of the applicnat is extremely influential in the area of Sunam and also having political connections. Also, it is submitted that Cabinet Minister of Punjab, is the neighbour of the applicant, who is bound to exercise his political influence.

In view of the aforesaid submissions, at the very outset, it is pertinent to mention that sweeping assertions have been made by the counsel for the respondent, with regard to the applicant being influential in the area of Sunam and also about having political connections. Even if, it is so, it has nothing to do with the exercise of judicial functions by the Courts concerned. Moreover, it is also pertinent to mention that the applicant is not having any source of earning.

In view of the aforesaid fact situation and also 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, the transfer application is allowed and     



 


   

    

   

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( (ARCHANA PURI) 24.01.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No