Amandeep Kaur v. Gurdeep Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.112+126 Date of Decision: 06.02.2025 AMANDEEP KAUR ....Applicant

Versus

GURDEEP SINGH .....Respondent

CORAM:

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

Mr. S.S. Gill, Advocate for the respondent.

***** ARCHANA PURI, J. (Oral) CM-13104-CII-2024 Keeping in view the averments made in the application, same is allowed.

CM-1402-CII-2025 The present application has been filed by the applicant for placing on record the reply to the transfer application. In view of the averments made in the application, same is allowed and the requisite reply is taken on record. Main case
 

 

   

          



!"   


  #$  

# "      %&$' ('& ' ) *$"

+  ,                 &      '  

&

-  &"+ % #

.

     "

&

   $ ,     

   /$    "  t is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 31.05.2020, but no child was born from the said wedlock. However, due to the matrimonial discord, the parties are residing separate. The applicant has no source of earning and her father has already died. Besides the same, she has a brother who is mentally disabled. The certificate issued by the office of Civil Surgeon, Fatehgarh Sahib, is Annexure P-5. Further, it is submitted that the applicant has filed by the petition under Section 125 Cr.P.C., the petition under Section 9 of the Hindu Marriage Act and the petition under Sections 12, 18, 19, 20, 21, 22 and 23 of the Protection of Women from Domestic Violence Act. All these cases are pending in the Courts at Amloh, at appearance stage.

On the other hand, the counsel for the respondent submits that the aforesaid cases have been filed, only to harass the applicant, as she had an option to file the cases at Payal, District Ludhiana, but she had intentionally not done the same.

In view of the aforesaid fact situation, it is pertinent to mention that time and again, it is held by the Courts about preference to be given to the convenience of the wife, in transfer applications relating to the matrimonial dispute. Considering the same, more particularly, when the applicant is not having any source of earning and her father had already died and she has to look after her younger brother, who is mentally deranged, the

transfer application is allowed and           

!"  


  #$ 

# "    & %&$ ' ('&' )*$"+ , "  '  &

-  &"+ % # 
0     #

#$ %&$' ('&' )*$"   +   1"% #

, +   1"% #"     %&$' ('&' )& 2/ "     # %&$' ('&' )&"

   &

& $



(ARCHANA PURI) 06.02.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No