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High Court of Punjab and HaryanaTA/1322/2023allowed

Amandeep Kaur v. Dalbir Singh

2025-02-20Mrs. Justice Archana Puri3 pages



IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.104 TA-1322-2023 Date of Decision: 20.02.2025  

 ....Applicant

Versus

  .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Suraj Bhan Panchal, Advocate for the applicant.

Mr. Rajesh Duhan, Advocate for the respondent.

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

 

    

     

 

     

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 It is submitted by the counsel for the applicant that the marriage between the applicant and the respondent, was performed on 02.12.2010. One son born from the said wedlock, who is aged about 5 years, is in the care and custody of the applicant. On account of the matrimonial discord, the parties are residing separate. The applicant is not working and as such, has no source of income. Even, the applicant has filed the petition under Section 13 of the Hindu Marriage Act, which is pending in the Courts at Kaithal and the respondent is making appearance in the same. Also, the applicant had filed the petition under Section 9 of the Hindu Marriage Act, in the Courts at Moonak, which stood transferred to the Courts at Kaithal, vide order dated 03.03.2023, passed by this Court in TA-281-2023.

The respondent is making appearance in the said case as well. On the contrary, the counsel for the respondent resist the claim for transfer of the civil suit, as he submits that the jurisdiction of the case is at Moonak and the applicant can very well pursue the case, if the same is not so transferred.

In view of the aforesaid fact situation, 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 applicant to be taking care of the minor son born from the wedlock of the parties and also keeping in view the fact about the divorce petition and the petition under Section 9 of the Hindu Marriage Act, to be already pending in the Courts at Kaithal, the transfer application is allowed and         

   

     

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 (ARCHANA PURI) 20.02.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No