Roshni Kakkar v. Yogesh Kakkar
TA-890-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Sr. No.118 TA-890-2024 Date of Decision: 23.01.2025 ROSHNI KAKKAR ....Applicant
Versus
YOGESH KAKKAR .....Respondent
CORAM:
HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Rahul Garg, Advocate for Mr. Naveen Batra, 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 26.04.2021. One son born from the said wedlock, who is about 2 years old, is in the care and custody of the applicant. Also, it is submitted that on account of the matrimonial discord, the applicant has filed the petition under the Protection of Women from Domestic Violence Act, which is pending in Sonu 2025.01.23 15:18 I attest to the accuracy and authenticity of this document
TA-890-2024 the Courts at Hoshiarpur. The respondent has not joined the proceedings, despite the notice issued by the Family Court. The applicant is not working and as such, has no independent source of earning. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 60 kilometres, to defend the petition under Section 9 of the Hindu Marriage Act.
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, considering the fact that the respondent has not joined the proceedings to contest this application, 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