Tannu v. Adhar Alias Aadhar

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.105 TA-1394-2023 Date of Decision: 20.02.2025 

....Applicant

Versus





 .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. R.K. Girdhwal, Advocate for the applicant.

Mr. Anand Kumar Bishnoi, 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 parties to the lis, had taken place on 10.02.2023. However, on account of the matrimonial discord, the parties are residing separate. Even, the applicant has filed the petition for seeking maintenance and the petition under the Protection of Women from Domestic Violence Act, which are pending in the Courts at Jhajjar. Also, it is submitted that the distance between the village of the respondent to District Court, Jhajjar, is about 39 kilometres and to District Court Gurugram is about 24 kilometres. The distance between the residence of the applicant to District Court, Gurugram, is about 57 kilometres. As such, a prayer has been made for transfer of the divorce petition.

On the other hand, the counsel for the respondent, while making reference to the reply, has brought to the notice of the Court that there is a deliberate concealment about the proceedings of the case pending before Additional Principal Judge, Family Court at Pataudi and not at District Gurugram. Also, it is submitted that the Family Court at Pataudi, is at a distance of about 30 kilometres, from the house of the applicant. In view of the aforesaid submissions, the counsel for the applicant submits that the applicant has received the summon, copy whereof is Annexure P-1, from the Family Court, Gurugram. However, may it be so, the applicant herself, has annexed the copy of the divorce petition, filed by the respondent and the same clearly reveals about the same to be filed in the Family Court, Pataudi. Since there is Family Camp Court operating at subdivisional level, it is probably on this account, the summon has been erroneously issued by the Family Court, as relating to that of Gurugram,

 though the petition has been filed at Pataudi. Considering the aforesaid fact situation and considering the distance between the place, where the divorce petition is pending and the place of residence of the applicant, which is well-connected, no case is made out for transfer of the case.

Hence, the transfer application is hereby dismissed. (ARCHANA PURI) 20.02.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No