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High Court of Punjab and HaryanaTA/1255/2023allowed

Manisha Basra v. Rohit Kumar

2025-03-19Mrs. Justice Archana Puri2 pages

TA-1255-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.404 TA-1255-2023 Date of Decision: 19.03.2025 MANISHA BASRA ....Applicant

Versus

ROHIT KUMAR .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Kuldeep Singh, Advocate for the applicant. None for the respondent.

***** ARCHANA PURI, J. (Oral) Service of the respondent duly effected, for the second time. However, none has made appearance on his behalf. As such, the respondent is proceeded against ex parte.

The counsel for the applicant heard.

 

 

    

            



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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 19.06.2020, but no child was born from the said wedlock. However, on account of the matrimonial discord, the parties are residing separate. The applicant is not working and as such, has no source of earning. She is completely dependent upon her Sonu 2025.03.19 18:04 I agree to specified portions of this document P&HHC

TA-1255-2023 parental family. Furthermore, it is submitted that the applicant has got lodged an FIR bearing No.10 dated 18.02.2023, under Sections 323, 406 and 498-A IPC, at Police Station City, District Jalandhar and the respondent is facing trial, relating to the said FIR in the Courts at Jalandhar. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 149 kilometres, to defend the petition under Section 9 of the Hindu Marriage Act.

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 not come forward to resist the application, the transfer application is allowed and      

    

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 (ARCHANA PURI) 19.03.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.03.19 18:04 I agree to specified portions of this document P&HHC