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High Court of Punjab and HaryanaTA/1552/2024allowed

Poonam v. Mandeep Kumar

2025-05-12Mrs. Justice Archana Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.114 Date of Decision: 12.05.2025 POONAM ....Applicant

Versus

MANDEEP KUMAR .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Ashok K. Sharma (Bhana) and Ms. Suman Sharma, Advocates for the applicant.

Respondent proceeded against ex parte vide order dated 25.04.2025.

***** ARCHANA PURI, J. (Oral)  

 

   

         



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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 04.01.2022, but no child was born from the said wedlock. However, due to the matrimonial dispute, the parties are residing separate. The applicant had already filed the petition under Section 12 of the Protection of Women from Domestic Violence Act and the petition under Section 125 Cr.P.C., which are pending in the Courts at Narwana/Jind and the respondent is making appearance in the same. Also, the respondent is facing trial, relating to FIR bearing No.83 dated 17.06.2023, under Sections 406, 498-A and 506 IPC, got lodged by the applicant, in the Courts at Jind. Furthermore, it is submitted that the applicant is not having any source of earning and as such, is dependent upon her parental family. In the given circumstances, a prayer has been made for acceptance of the transfer application.

In view of the submissions aforesaid, taking into consideration that generally the Courts lean towards the convenience of wife in case of transfer applications relating to the matrimonial disputes, more particularly, when the respondent has not come forward to resist the application and also considering the fact of the applicant not having any source of earning and also the fact about three other cases arising from the matrimonial dispute, already pending in the Courts at Narwana/Jind, which are being pursued by the respondent, the transfer application is allowed and          

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 (ARCHANA PURI) 12.05.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No