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High Court of Punjab and HaryanaTA/1190/2024allowed

Sarabjeet v. Gursewak Singh

2025-03-19Mrs. Justice Archana Puri2 pages

TA-1190-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.210 TA-1190-2024 Date of Decision: 19.03.2025 SARABJEET KAUR ....Applicant

Versus

GURSEWAK SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Lupil Gupta, Mr. Simranjot Singh and Mr. Rahul, Advocates for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) As observed in the order dated 12.12.2024, despite service, the respondent did not make appearance on that date. Even today, 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 15.01.2023, but no child was born from the said wedlock. However, on account of the matrimonial discord, the parties are residing separate. The applicant had filed the petition Sonu 2025.03.19 18:04 I agree to specified portions of this document P&HHC

TA-1190-2024 under Sections 12, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, which is pending in the Courts at Moga, at appearance stage. The applicant is not having any source of earning and as such, it is difficult for her to commute a distance of about 53 kilometres, to defend the petition under Section 9 of the Hindu Marriage Act, which was otherwise also, filed after filing of the petition under the Protection of Women from Domestic Violence 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, considering the fact about the respondent not having 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