Allowed¶26

Nishu Chopra v. Gagan Chopra

Transfer Application – Matrimonial dispute – Convenience of wife

Punjab & Haryana HC6 Feb 2025TA/225/2024

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Case brief

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What is this about?

Punjab & Haryana High Court, TA-225-2024, decided 06.02.2025 by Archana Purij - transfer of Section 9 Hindu Marriage Act petition from Faridkot allowed on wife's convenience; wife Librarian, custody of three children, 110 km commute, four connected matrimonial cases (S.12 DV Act complaint, S.125 Cr.P.C. petition, maintenance arrears application) pending at Faridkot; respondent ex parte.

What did the court decide?

Transfer application allowed; the petition under Section 9 of the Hindu Marriage Act pending in the Courts at Faridkot to stand transferred (name of the transferee court not legible in the provided text owing to OCR corruption). ¶26

Nishu Chopra Vs Gagan Chopra — Domestic Violence | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the transfer application seeking removal of the petition under Section 9 of the Hindu Marriage Act from the Courts at Faridkot deserves to be allowed in view of the preference accorded to the convenience of the wife, who has the care and custody of the three children of the marriage, works as a Librarian, and would have to commute about 110 kilometres while four connected matrimonial cases are already pending at Faridkot.

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Court's answer

The transfer application is allowed, the Court being guided by the position of law that preference is to be given to the convenience of the wife in transfer applications relating to matrimonial disputes; the applicant finds it difficult to commute about 110 kilometres to defend the Section 9 Hindu Marriage Act petition at Faridkot, where four cases arising from the matrimonial dispute are already pending and the three children reside with her.

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Detailed headnote1 paragraphs

Transfer Application - Matrimonial dispute - Convenience of wife - Applicant-wife, employed as a Librarian and having the care and custody of the three children of the marriage (aged about 17, 15 and 5 years), sought transfer of the petition under Section 9 of the Hindu Marriage Act pending in the Courts at Faridkot, where four other cases arising from the matrimonial discord were already pending, namely a complaint under Section 12 of the Protection of Women from Domestic Violence Act, a petition under Section 125 Cr.P.C., and an application for arrears of maintenance; commuting a distance of about 110 kilometres was found difficult for her. Applying the position of law according preference to the convenience of the wife in transfer applications relating to matrimonial disputes, and in the absence of contest (respondent ex parte vide order dated 23.01.2025), the transfer application was allowed.

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TA-225-2024

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Sr. No.116

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TA-225-2024

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Date of Decision: 06.02.2025

NISHU CHOPRA

....Applicant

Versus

GAGAN CHOPRA

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

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Present:Mr. Achin Gupta, Advocate for the applicant.

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Respondent proceeded against ex parte vide order dated 23.01.2025.

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ARCHANA PURI, J. (Oral)

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It is submitted by the counsel for the applicant that the marriage

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Sonu 2025.02.06 17:33 I attest to the accuracy and authenticity of this document

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TA-225-2024

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between the parties to the lis, had taken place on 12.05.2006. Three children were born from the said wedlock, who are about 17 years old, 15 years old and 5 years old, respectively and are in the care and custody of the applicant. On account of the matrimonial discord, the parties are entangled in litigation. The applicant had filed the complaint 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 Faridkot. Besides the same, she had filed an application for payment of the arrears of maintenane, which is also pending in the Courts at Faridkot. Also, an application was filed with regard to the interim maintenance fixed by the Family Court in the petition under the Protection of Women from Domestic Violence Act, which was allowed and to challenge the same, the respondent had filed an appeal before the Appellate Court, Faridkot, which has since been disposed of, after filing of the present application. Although, it is submitted that the applicant is working, as a Librarian in Government Senior Secondary School, Chandbaja, but however, on account of all the three children residing with the applicant, it is difficult for her to commute a distance of about 110 kilometres, to defend the petition under Section 9 of the Hindu Marriage Act, more particularly, when four cases arising from the matrimonial dispute are already pending in the Courts at Faridkot.

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In view of the aforesaid submissions 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, the transfer application is allowed and�� �� �� ! �� " Sonu 2025.02.06 17:33 I attest to the accuracy and authenticity of this document

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TA-225-2024

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(ARCHANA PURI) JUDGE

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06.02.2025 Himanshu Whether speaking/reasoned : Yes Whether reportable : Yes/No

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