Rajni Sharma v. Amit Kumar

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.211 TA-1090-2023 Date of Decision: 24.02.2025



  ....Applicant

Versus

  

.....Respondent

CORAM:

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

None for the respondent.

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

         

                   

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&"  &  On account of the matrimonial discord, the parties are residing separate, since the year 2018 and the son, namely, Ansh is in the care and custody of the applicant, since then. Also, it is submitted that the divorce petition has been filed by the applicant, which is pending in the Courts at Pathankot and the respondent is making appearance in the same. It is only as a counter-blast to the divorce petition, that the guardianship petition has been filed by the respondent. Rather, it is submitted that the said petition is not maintainable, as it ought not to have been filed at Amritsar, as the son is stated to be residing with the applicant at Pathankot, for the last about six years.

Even though, the question of jurisdiction has been raised by the applicant, but however, this Court outrightly cannot shut the question of jurisdiction, without considering the claim of the respondent. But anyhow, the child born from the wedlock, is stated to be residing with the applicant. Considering the same 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, the transfer application is allowed and       

  

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(ARCHANA PURI) 24.02.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No