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High Court of Punjab and HaryanaTA/1221/2024allowed

Kirti Kumari Deshwal v. Rajinder Singh

2025-02-13Mrs. Justice Archana Puri3 pages



IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.129 TA-1221-2024 Date of Decision: 13.02.2025



 ....Applicant

Versus

    .....Respondent

CORAM:

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

Ms. Neha Gupta, Advocate for the respondent.

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

 

   

          

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   % .          /%    #  t is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 03.04.2021. One son born from the said wedlock, who is about 21⁄2 years old, is in the care and custody of the applicant. On account of the matrimonial discord, the parties are residing separate. The applicant is not

 having any source of earning and is totally dependent upon her parental family. Even, she has filed the petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which is pending in the Courts at Bahadurgarh, at appearance stage. Also, it is submitted by the counsel for the applicant that after filing of the present application, the respondent has also filed the guardianship petition, which is pending in the Courts at Bahadurgarh.

On the contrary, the counsel for the respondent submits that the applicant can always travel to Yamunanagar, while being accompanied by her family members. The distance is not such, which is difficult for her to commute. Also further, it is admitted that the guardianship petition has been filed by the respondent, which is pending in the Courts at Bahadurgarh, District Jhajjar.

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, while the applicant is taking care of the minor son and also considering the fact about guardianship petition, filed by the respondent, to be pending in the Courts at Bahadurgarh, the transfer application is allowed and 

             

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   #  '  (ARCHANA PURI) 13.02.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No