Rimpy Rani v. Sukhwinder Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.111 Date of Decision: 25.03.2025 RIMPY RANI ....Applicant

Versus

SUKHWINDER SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Sunny Singla, Advocate for the applicant (through video conferencing).

Respondent proceeded against ex parte vide order dated 12.03.2025.

***** 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 09.02.2019. One son born from the said wedlock, who is about 51⁄2 years old, is in the care and custody of the applicant. However, on account of the matrimonial discord, the

parties are residing separate. The applicant, together with her son, had filed the petition under Section 125 Cr.P.C., which is pending in the Courts at Fatehgarh Sahib and the respondent is making appearance in the same. Also, it is submitted by the counsel that the petition under Section 9 of the Hindu Marriage Act was filed by the respondent at Patiala. However, the applicant had filed the transfer application i.e. TA-1382-2022 and the said petition was transferred vide order dated 20.02.2023, copy whereof is Annexure P-2 and now, the same is pending in the Courts at Fatehgarh Sahib. The applicant is not having any source of earning and thus, it is difficult for her to defend the divorce petition, pending in the Courts at Patiala.

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, when the respondent has come forward to resist the application; considering the fact about the applicant herself to be having no source of earning and taking care of the minor son, and particuarly, when the petition under Section 9 of the Hindu Marriage Act, filed by the respondent stood transferred vide Annexures P-2, the transfer application is allowed and            !"#"$%




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(ARCHANA PURI) 25.03.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No