Priya v. Rajiv Kumar Alias Rajiv Chanana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.104 Date of Decision: 23.01.2025 PRIYA ....Applicant

Versus

RAJIV KUMAR ALIAS RAJIV CHANANA .....Respondent

CORAM:

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

Mr. K.S. Brar, Advocate for the respondent.

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

 

   

          

 

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  marriage between the parties to the lis, had taken place on 12.10.2013. Two sons were born from the said wedlock, who are about 9 years old and 3 years old. The younger son is residing with the applicant, whereas, the elder one is in the care and custody of the respondent. Further, it is submitted that on account of the matrimonial discord, the parties are residing separate. The applicant is not having any source of earning. Also, it is submitted that after filing of the present transfer application, the applicant has also filed the petition under Section 125 Cr.P.C., as well as the petition under the Protection of Women from Domestic Violence Act, which are pending in the Courts at Bathinda and they are pursued by the respondent.

On the contrary, the counsel for the respondent submits that the brother of the applicant has misbehaved with the respondent and as such, he has threat to his life, on this account.

Taking into consideration the aforesaid factual position, 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 taking into consideration the younger son residing with the applicant and she having no source of earning and above all considering the fact that two other litigations arising from the matrimonial dispute are pending in the Courts at Bathinda, 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