Pooja Dhawan v. Gaurav Dhawan And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.106 Date of Decision: 03.04.2025 POOJA DHAWAN ....Applicant

Versus

GAURAV DHAWAN AND OTHERS .....Respondents

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Ramandeep Kaur, Advocate for the applicant.

Mr. Rahul Aggarwal, Advocate for respondent No.1 (sole contesting respondent). ***** 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 on 07.12.2014. One son born from the said wedlock, who is about 7 years old, is in the care and custody of the respondent. On account of the matrimonial dispute, the parties are residing separate. The applicant was filed the petition under Section 125 Cr.P.C. i.e. MNT-125/16/2023, which was pending at the time of filing of the transfer application. However, the same has since been decided in favour of the applicant, after filing of the present application. Now, the execution application, relating to the same, is pending in the Courts at Ferozepur, but the respondent has not joined the proceedings.

In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 90 kilometres, to defend the divorce petition. On the other hand, the counsel for the respondent has refuted the claim for transfer of the divorce petition. In fact, he submits that it was on account of the adulterous relationship of the applicant, that the dispute arose between the parties. Also, it is submitted that the son born from the wedlock of the parties, is being taken care of, by the respondent. In view of the same, it is submitted that it shall be too harsh, if the transfer application is allowed and the divorce petition is transferred.

In view of the submissions aforesaid, it is pertinent to mention that generally, the Courts lean in favour of convenience of the wife, in case of transfer applications relating to the matrimonial disputes.

respondent has been proceeded against ex parte. Even, the maintenance, which has been fixed, has not been paid by the respondent and now, the execution application is pending in the Courts at Ferozepur. When the applicant herself is not having any source of earning, it is bound to be inconvenient for her to defend the divorce petition, from a distance of about 90-95 kilometres.

In view of the aforesaid fact situation, the transfer application is allowed and            





   
   

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(ARCHANA PURI) 03.04.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No