Yogita v. Jaideep Rathee

TA-876-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.117 TA-876-2024 Date of Decision: 23.01.2025 YOGITA ....Applicant

Versus

JAIDEEP RATHEE .....Respondent

CORAM:

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

Respondent proceeded against ex parte vide order dated 14.01.2025.

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

 

    

             

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    .'    %  t is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 04.02.2018. One son was born from the said wedlock, who is about 5 years old and is in the care and custody of the applicant. Also, it is submitted that on account of the matrimonial discord, the applicant had filed the petition under Sections 12, 18, 19, 20, 21 and 22 of the Protection of Women from Domestic Violence Act, bearing No.21/2024, which is pending in the Courts Sonu 2025.01.23 15:18 I attest to the accuracy and authenticity of this document

TA-876-2024 at Rohtak and the respondent is pursuing the same. Also, she has filed the petition under Section 125 Cr.P.C. i.e. MNT-125/23/2024 and the same is also pending in the Courts at Rohtak. Besides the same, the trial of the FIR bearing No.135, under Sections 323, 377, 406, 498-A and 506 IPC, got lodged by the applicant, is pending in the Courts at Rohtak and the respondent is making appearance in the same.

On query by the Court, it is submitted that the applicant is not doing any job and as such, has no source of earning and is totally dependent upon her parental family.

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, more particularly, while the applicant is taking care of the minor son, the transfer application is allowed and                    !"#$#%  
 



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(ARCHANA PURI) 23.01.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.01.23 15:18 I attest to the accuracy and authenticity of this document