High Court of Punjab and HaryanaTA/949/2024allowed

Aarti v. Amit Kumar

2025-03-01Mrs. Justice Archana Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.104 TA-949-2024 Date of Decision: 01.03.2025

....Applicant

Versus

.....Respondent

CORAM:

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

None for the respondent.

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

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It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 16.10.2011. Two children, one daughter and one son, were born from the said wedlock. The minor daughter is presently in the care and custody of the applicant, whereas the son is residing with the respondent. On account of the matrimonial discord, the parties are residing separate. Further, it is submitted that the applicant has no source of earning and is dependent upon her parental family. Even, she has filed the petition under Section 125 Cr.P.C. i.e. MNT-125/394/2023, which is pending in the Courts at Hisar and the respondent is making appearance in the same. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 80 kilometres, to defend the divorce petition, more particularly, while taking care of the minor daughter.

In view of the submissions aforesaid, 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, when the respondent has not come forward to defend the transfer application and also considering the fact about the applicant to be taking care of the minor daughter, the transfer application is allowed and

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(ARCHANA PURI) 01.03.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No