Prabhjot v. Manjeet Masih

TA-1319-2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.120 TA-1319-2024 (O&M) Date of Decision: 05.03.2025 PRABHJOT ....Applicant

Versus

MANJEET MASIH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Pooja, Advocate for Mr. Ritesh Pandey, Advocate for the applicant.

Respondent ex parte, vide order dated 27.02.2025. ***** ARCHANA PURI, J. (Oral) The applicant/wife has filed the present application for seeking transfer of the petition under Section 10 of Indian Divorce Act, titled "Manjeet Masih v/s Prabhjot", filed by the respondent/husband, which is pending in the courts at Amritsar and she seeks transfer of the same to the court of competent jurisdiction at Gurdaspur. In pursuance of the notice issued, respondent did not make appearance and as such, was proceeded against ex parte. 

      It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 13.03.2019. One son born from the said wedlock, who is about four years old, is in the care and custody of the applicant. On account of the matrimonial discord, the parties are residing separate, as the respondent is having illicit relationship with Sonu 2025.03.05 17:36 I agree to specified portions of this document P&HHC

 TA-1319-2024 (O&M) some other women. Also, it is submitted that the applicant has got lodged one FIR against the respondent under Sections 406, 498-A IPC at Police Station Dina Nagar, in which respondent is facing trial. Also, it is submitted that the applicant is not having any source of earning and as such, it is difficult for her to defend the divorce petition. In view of the aforesaid fact situation and also 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, considering the fact about the respondent having not come forward to contest the application, the transfer application is allowed and petition under Section 10 of Indian Divorce Act, titled "Manjeet Masih v/s Prabhjot", filed by the respondent/husband           

  

      

  



         

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   Learned District and Sessions Judge, Gurdaspur, shall assign the said petition to the Family Court, Gurdaspur. Even, the parties are directed to appear before the Family Court, Gurdaspur, within a period of one month from today onwards.

(ARCHANA PURI) 05.03.2025 JUDGE !



Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Sonu 2025.03.05 17:36 I agree to specified portions of this document P&HHC