Babita v. Shamsher Singh @ Shera

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.412 Date of Decision: 25.03.2025 BABITA ....Applicant

Versus

SHAMSHER SINGH @ SHERA .....Respondent

CORAM:

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

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the observations made in the order dated 07.02.2025, despite service, the respondent did not make appearance on that date. Even today, none has made appearance on his behalf. As such, the respondent is proceeded against ex parte.

The counsel for the applicant heard.

 

 

   

          



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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 06.10.2020. One daughter was born from the said wedlock, who is about 21⁄2 years old at present and she is in the care and custody of the applicant. On account of the matrimonial discord, the parties are residing separate. The applicant has filed the petition under the Protection of Women from Domestic Violence Act i.e. COMA/27/2024 and the petition under Section 125 Cr.P.C. i.e. MNT-125/30/2024, which are pending in the Courts at Faridkot. Both the said petitions are at the appearance stage. The applicant is not having any source of income and in these circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 143 kilometres, to defend the divorce petition.

In view of the submissions aforesaid, 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 considering the respondent having not come forward to resist the application and also considering the distance between the two places and the applicant having no source of earning, as well as taking care of the minor daughter, 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