Jaspal Kaur v. Gurdial Singh





IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.111 TA-1148-2024 Date of Decision: 30.01.2025 



 ....Applicant

Versus



 .....Respondent

CORAM:

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

Respondent proceeded against ex parte vide order dated 22.01.2025.

***** 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 in December, 2002. Two children were born from the said wedlock, who are now major and are residing with the applicant. On account of the matrimonial discord, the applicant had earlier filed the divorce petition in Tarn Taran and the same Sonu 2025.01.30 15:30 I attest to the accuracy and authenticity of this document P&HHC

 

 was dismissed, vide order dated 20.02.2016 and the petition in hand, filed by the respondent, is the second divorce petition. Even, the applicant had filed the petition for seeking maintenance, which was allowed and an amount of Rs.5,000/- was awarded as maintenance to the applicant. Also, it is submitted that she is fully dependent upon the maintenance granted by the Court and has no independent source of earning. In the given circumstances, it is submitted that it is difficult for the applicant to defend the divorce petition.

At the very outset, it is pertinent to mention that even though, it has been held by the Courts time and again, that the convenience of the wife ought to be taken into consideration, in the transfer applications relating to the matrimonial dispute. However, it is not a thumb rule. Various other circumstances, spelt out from the application and the reply, if so filed, also ought to be taken into consideration. In the case in hand, two children, though, are residing with the applicant, but however, both are major. Even, the applicant is getting maintenance amount from the respondent. In view of the aforesaid fact situtation and also considering the distance between the two places, no case is made out for transfer of the divorce petition. Hence, the application is hereby dismissed. However, the applicant has an option to seek litigation expenses, by moving appropriate application, before the Court concerned. (ARCHANA PURI) 30.01.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.01.30 15:30 I attest to the accuracy and authenticity of this document P&HHC