Meena Devi v. Rajesh Kumar Singla

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.103 TA-1230-2023 Date of Decision: 21.01.2025 



....Applicant

Versus

     .....Respondent

CORAM:

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

Mr. Abhishek Sindhwani, Advocate for the respondent.

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

 

   

          

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 the marriage between the parties to the lis, had taken place on 23.02.2003. Two children were born from the said wedlock in the year 2006 and 2012, who are presently in the care and custody of the respondent-husband. However, due to the matrimonial discord, the parties are residing separate. Also, it is submitted that the applicant has no independent source of earning and is totally dependent upon her parental family. As such, she has also filed the petition under Section 125 Cr.P.C., which is pending before the Family Court, Jind. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 100 kilometres, to defend the divorce petition.

On the contrary, the counsel for the respondent refutes the claim of the applicant, as he submits that both the children are in the care and custody of the respondent and he is taking care of the upbringing of the children, for the last four years. Also, it is submitted that he has an aged mother to look after and he is a government employee. As such, it is difficult for him to pursue the divorce petition, if so transferred. In view of the aforesaid submissions made, taking into consideration the fact about the applicant not having any source of earning and totally dependent upon her parental family and also looking at at the distance between the two places, more particularly, 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) 21.01.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No