Dilpreet Kaur v. Gagandeep Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.105 Date of Decision: 03.02.2025 DILPREET KAUR ....Applicant

Versus

GAGANDEEP SINGH .....Respondent

CORAM:

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

Mr. Shubhashish Kukreti, Advocate 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 27.01.2019. One daughter

born from the said wedlock, who is about 4 years old, is in the care and custody of the applicant. Also, the applicant is not having any source of earning and is dependent upon her parental family. The respondent is facing trial, in FIR bearing No.29 dated 05.03.2022, under Sections 406 and 498-A IPC, got lodged by the applicant at Police Station Dirba, District Sangrur, in the Courts at Sunam. Besides the same, the applicant has filed the petition under Section 125 Cr.P.C., for grant of maintenance, which is pending in the Courts at Sunam and the respondent is making appearance in the same. Moreover, it is submitted that the respondent is an able-bodied person and is owner of the Technician Lab at Patiala. As such, it is submitted that it is difficult for the applicant to commute a distance of about 65 kilometres, to defend the divorce petition.

On the other hand, the counsel for the respondent submits that the respondent is not the owner of the Technician Lab and it shall also be inconvenient for him, to pursue the divorce petition, if so transferred. In view of the aforesaid fact situation, 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 the applicant is taking care of the minor daughter and also considering the fact that other litigation is pending in the Courts at Sunam, the transfer application is allowed and              !"!#!$  




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(ARCHANA PURI) 03.02.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No