Sonia v. Surinder Kumar

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.118 TA-1048-2024 Date of Decision: 05.03.2025

 ....Applicant

Versus



  .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Kamlesh, Advocate for Mr. Parminder Singh, 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 02.12.2014. One son born from the said wedlock, who is about 9 years old, is in the care and custody of the applicant. On account of the matrimonial dispute, the applicant has filed the complaint under the Protection of Women from Domestic Violence Act, bearing No.6 of 2019 and the petition under Section 125 Cr.P.C., which are pending in the Courts at Karnal and the respondent is making appearance in the same. Besides the same, the respondent is also facing trial, relating to FIR bearing No.419 dated 06.11.2017, under Sections 406, 420, 498-A and 506 IPC, got lodged by the applicant at Police Station Madhuban, District Karnal, in the Courts at Karnal. The applicant is not doing any work and is totally dependent upon her parental family. Also, it is submitted that though, the distance between Karnal and Kurukshetra is about 35 kilometres, but however, from her village i.e. Kutail, the distance of Kurukshetra Courts is about 50 kilometres.

In view of the submissions aforesaid 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, more particularly, taking into consideration the fact about three other cases arising from the matrimonial dispute to be already pending in the Courts at Karnal, which are being pursued by the respondent, the transfer application is allowed and         



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(ARCHANA PURI) 05.03.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No