Anju v. Ravi

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.212 TA-1172-2024 (O&M) Date of Decision: 17.02.2025  ....Applicant

Versus

 .....Respondent

CORAM:

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

Mr. Manav Dhull, Advocate for the respondent.

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

 

   

         



!"!#$  
   

  %&   

% $     *+ $       (   ( 

,  $

 -      $ 

( 

   & .          /&    $  t is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place in December, 2019. One daughter born from the said wedlock, who is about 34 years old, is in the care and custody of the applicant. The applicant is not working and as such, has no source of earning. She is totally dependent



upon her parental family. Even, the applicant has got lodged an FIR bearing No.151 dated 08.07.2024, under Sections 323, 34, 354-A, 406, 498-A and 506 IPC, at Police Station Bass, District Hansi and the trial relating to the same is going on, in the Courts at Hansi. Also, it is submitted that after filing of the transfer application, the petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, was filed by the applicant, which is pending in the Courts at Hansi. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 112 kilometres, from the place of her residence, to defend the petition under Section 9 of the Hindu Marriage Act.

On the contrary, the counsel for the respondent submits that the fault is on the part of the applicant. In fact, it is only on account of interference at the behest of her parental family, that there is matrimonial dispute between the parties. As such, he submits that there is no necessity to transfer the petition under Section 9 of the Hindu Marriage Act. In view of the submissions made 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, considering the applicant to be not having any source of earning and also taking care of the minor daughter, the transfer application is allowed and        



!"!#$  
   

  %&   

% $     ( *+ $

  $   ( 

,  $ 
 0    %

%& (

*+ $   1$



.   1$$     * 2/ $     % * $   (

( &

 3       (ARCHANA PURI) 17.02.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No