Shivika Garg v. Atul Garg

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.119 TA-1536-2024 (O&M) Date of Decision: 27.02.2025   ....Applicant

Versus

  

.....Respondent

CORAM:

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

Mr. Sanjeev K. Sharma and Mr. Deepak Aggarwal, Advocates for the respondent.

***** ARCHANA PURI, J. (Oral) CM-779-CII-2025 The present application has been filed for placing on record Annexures A-3 to A-28.

However, at this stage, the counsel for the respondent submits that he does not intend to file reply to the said application and has no objection if the requisite documents are taken on record. In view of the submission, so made, without prejudice to the rights of the parties to be adjudicated on merits, the application is allowed and the requisite documents are taken on record as Annexure A-3 to A-28. Main case
 

 

    

          

  
 

   

 

  



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 t is submitted by the counsel for the applicant that the marriage between the parties to the lis, was solemnized on 14.11.2011, but no child was born from the said wedlock. However, due to the matrimonial discord, the parties are residing separate. The applicant has filed the petition under the Protection of Women from Domestic Violence Act, which is pending in the Courts at Faridabad. However, the counsel submits that she intends to seek transfer of the same also, to the Courts at Shahabad, by way of filing separate transfer application. Even, it is submitted that the petition under Section 125 Cr.P.C. has been filed by the applicant, but the mention thereof is not made in the transfer application.

On the contrary, the counsel for the respondent, while making reference to the reply filed, submits that there is concealment of the material facts in the application. In fact, the applicant is qualified B.Tech. (Computer Science) from MSRIT, Bangalore and she is engaged into teaching students preparing for competitive examination like IELTS, GMAT, CAT, GRE, spoken English training etc. Also, she has been awarded by Hon'ble ExPresident, Dr. APJ, Abdul Kalam. In these circumstances, it is submitted that the applicant is seeking transfer, only to cause delay of the decision of divorce petition.



respondent is ready to make payment of the travelling expenses, if so ordered by this Court. Moreover, it is submitted that the divorce petition is at its fag end now. The evidence has been concluded by the respondent in the month of September, 2024, but however, the applicant has not led any evidence and has now filed the transfer application to cause delay of the decision of the divorce petition.

Even, an application i.e. CM-779-CII-2025, has been filed by the counsel for the applicant, which is allowed today itself and Annexures A-3 to A-28 have been taken on record.

At the very outset, it is pertinent to mention that even though, the convenience of the wife is to be given preference, in case of the transfer applications, relating to the matrimonial dispute, but however, it is not a thumb rule. Various other circumstances spelt out from the material brought forth, also ought to be taken into consideration. In CM-779-CII-2025, vide which various documents have been taken on record, the pending litigation between the parties has been reproduced in the tabular form, in paragraph No.4, wherein, there is mention of as many as 10 other cases, apart from the divorce petition. The mention of the said litigation, pending between the parties, has not been made in the transfer application. This is the material omission/concealment on the part of the applicant.

On query by the Court, it is disclosed by the counsel for the applicant, that in none of the other litigations, cited at serial No.2 to 11, any transfer application has been filed by the applicant, till date.

closing of the evidence of the respondent in the divorce petition, in the month of September 2024. On further query, it is stated by the counsel for the applicant that till date, no evidence has been got recorded by the applicant. Not only this, it is further significant to note that in the reply to the divorce petition, copy whereof is Annexure A-2, the applicant herself had stated to be a qualified B.Tech. (Computer Science) from MSRIT, Bangalore and she is engaged into teaching students preparing for competitive examination like IELTS, GMAT, CAT, GRE, spoken English training etc. Furthermore, she has also stated therein about having been awarded by Hon'ble Ex-President, Dr. APJ, Abdul Kalam.

From the same, if not anything else, it is quite evident that the applicant is well-qualified and a confident girl, who has been awarded, on account of her competence. The aforesaid fact has also not been disclosed in the application, which is pointer to an intentional concealment of the material fact, having bearing on the decision of the transfer application. Taking into consideration all the aforesaid circumstances, more particularly, while considering the fact of voluminous litigation pending between the parties at Faridabad, qua which, no transfer has been sought, no case is made out for allowing the transfer application.

Hence, the transfer application is hereby dismissed. (ARCHANA PURI) 27.02.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No