Komal Dolly v. Ramesh Kumar
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Sr. No.112 Date of Decision: 25.03.2025 KOMAL DOLLY ....Applicant
Versus
RAMESH KUMAR AND OTHERS .....Respondents
CORAM:
HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Nitin Narula, Advocate for the applicant. Respondent No.1 (sole contesting respondent) proceeded against ex parte, vide order dated 17.12.2024. ***** ARCHANA PURI, J. (Oral)
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t is submitted by the counsel for the applicant that Lovkesh Sharma, son of the applicant, was married to Shallu Sharma, daughter of respondent No.1-Ramesh Kumar, on 06.02.2023, but no child was born from the said wedlock. However, the matrimonial dispute
arose between them, as a result whereof, various rounds of matrimonial litigation cropped up. Even, the suit in hand is an offshoot of the matrimonial dispute. The son of the applicant has filed the divorce petition under Section 13 of the Hindu Marriage Act i.e. HMA/2379/2023 and the same is pending in Family Court, Amritsar. Even, the civil suit for defamation i.e. CS/1783/2024, filed against respondent No.1 and his daughter, was filed by Lovkesh Sharma and the same is also pending in the Courts at Amritsar. Also, an FIR bearing No.60 dated 17.06.2024, under Sections 341, 417 and 34 IPC, was got registered against Shallu Sharma, at Police Station Majitha Road, District Amritsar, on the statement of Lovkesh Sharma. Likewise, it is submitted that Shallu Sharma had filed the petition under Section 9 of the Hindu Marriage Act i.e.
HMA/959/2024, against the son of the applicant and the same was filed in the Courts at Amritsar. However, it is submitted that the said petition has since been withdrawn, after filing of the present transfer application. Considering the litigation between the children of the applicant, as well as respondent No.1, already pending in the Courts at Amritsar, which is pursued by them, more particularly, considering the civil suit i.e. CS/537/2024, to be an offshoot of the matrimonial dispute between the children of the parties and also considering the convenience of the parties, the transfer application is allowed and !"
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(ARCHANA PURI) 25.03.2025 JUDGE Himanshu Whether speaking/reasoned :
Yes Whether reportable :
Yes/No