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High Court of Punjab and HaryanaTA/1362/2023allowed

Kamalpreet Kaur v. Jagroop Singh

2025-01-29Mrs. Justice Archana Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.105 Date of Decision: 29.01.2025 KAMALPREET KAUR ....Applicant

Versus

JAGROOP SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Applicant-in-person, along with Mr. Atul Aggarwal, Advocate.

Mr. S.S. Brar, 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 25.01.2017. Two daughters were born from the said wedlock, who are about 6 years old and 3 years old and are presently, in the care and custody of the applicant. It is further submitted that both the applicant, as well as the respondent, are doctors and on account of her duties, it is difficult for the applicant to commute a distance of about 240 kilometres, to defend the divorce petition, more particularly, while taking care of the minor daughters. On the contrary, the counsel for the respondent has resisted the claim for transfer of the divorce petition.

He submits that the respondent is working in Government Hospital and he is having dual charge of Bathinda and Talwandi Sabo and as such, the discharge of duties by him shall be hampered, in case the transfer application is accepted. In view of the aforesaid submissions, taking into consideration the preference ought to be given to the convenience of the wife, in the transfer applications, relating to the matrimonial dispute and also considering the fact about both the minor daughters born from the wedlock being in the custody of the applicant, it shall definitely be difficult for her to defend the divorce petition, amidst discharging her duties and taking care of her minor children.

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

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(ARCHANA PURI) 29.01.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No