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High Court of Punjab and HaryanaTA/1582/2023allowed

Prabhjot Kaur v. Sukhdeep Singh

2025-03-18Mrs. Justice Archana Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.218 Date of Decision: 18.03.2025 PRABHJOT KAUR ....Applicant

Versus

SUKHDEEP SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Arnav Kumar, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) As per the last order dated 04.03.2025, the respondent did not make appearance despite service, 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 28.05.2023, but no child was born from the said wedlock. However, on account of the matrimonial discord, the parties are residing separate. The applicant is not having any source of earning and is totally dependent upon her parental family. Even, she has filed the petition under Section 125 Cr.P.C. i.e. MNT125/7058/2023 in the Courts at Ambala, wherein the respondent was earlier proceeded against ex parte. Now, he has filed an application for setting aside of the ex parte proceedings, which is pending adjudication. Besides the same, the applicant has also filed the petition under Section 12 of the Protection of Women from Domestic Violence Act i.e. DV/181/2023, in the Courts at Ambala, which is still at the service stage.

Even, she has filed the complaint under Sections 498-A and 406 IPC, relating to which an application under Section 156 Cr.P.C. is pending in the Courts at Ambala. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 100 kilometres, 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            !"#"$

 

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(ARCHANA PURI) 18.03.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No