Sudesh Kumari Alias Sudesh v. Monu

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.114 Date of Decision: 24.03.2025 SUDESH KUMARI ALIAS SUDESH ....Applicant

Versus

MONU .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. H.S. Dhillon, Advocate for the applicant.

None for the respondent.

***** ARCHANA PURI, J. (Oral) As observed in the order dated 19.12.2024, 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 of the applicant with the respondent, had taken place on 14.03.2021, but no child was born from the said wedlock. The applicant, as well as her elder

sister-Radha Rani, were married to two brothers and both the sisters are having the matrimonial dispute. The applicant is not having any source of earning and as such, she is totally dependent upon her parental family. Also, it is submitted that the respondent is already facing trial in the case bearing FIR No.180 dated 02.05.2022, under Sections 406, 498-A and 506 IPC, got registered by the applicant at Police Station Pehowa, District Kurukshetra, in the Courts at Pehowa. Besides the same, also it is submitted that the applicant has filed the petition under Section 125 Cr.P.C., which is also pending in the Courts at Pehowa and the respondent has also made appearance in the same. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 152 kilometres to defend the petition under Section 9 of the Hindu Marriage Act.

   $' aforesaid 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 resist the application and also considering the distance between the two stations, as well as the fact of two other litigations already pending against the respondent in the Courts at Pehowa, which are being pursued by him, the transfer application is allowed and    

   

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 (ARCHANA PURI) 24.03.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No