Amandeep Kaur v. Swaranjeet Singh and Another

Punjab & Haryana HC6 Feb 2025TA/297/2024

Case brief

AI extract

What is this about?

Transfer application TA-297-2024; transfer of divorce petition; convenience of wife in matrimonial transfer; mid-point station between Faridkot and Panchkula; distance about 250 kilometres; applicant working as Constable, Crime Branch, Panchkula; FIR No.159 dated 14.11.2019 under Sections 406 and 498-A IPC, Women Police Station Panchkula; petition COMA/69/2020 under Sections 12, 18, 19, 20, 22 Protection of Women from Domestic Violence Act; complaint under Sections 494, 498-A, 506 IPC read with Sections 34, 109, 114, 120-B IPC; marriage 20.10.2018; High Court of Punjab and Haryana at Chandigarh; Archana Puri, J.; decided 06.02.2025; transfer application allowed.

What did the court decide?

Transfer of the divorce petition to a mid-point station between Faridkot and Panchkula, as suggested by the Court and accepted by both sides. ¶¶28

Amandeep Kaur Vs Swaranjeet Singh and Another — Domestic Violence | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer of the divorce petition to a mid-point station between Faridkot and Panchkula, as suggested by the Court and accepted by both sides.

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Issue for consideration

Whether the pending divorce petition in the matrimonial dispute between the parties should be transferred, having regard to the convenience of the applicant-wife (working as a Constable in Crime Branch, Panchkula) and the distance of about 250 kilometres involved in defending the petition.

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Court's answer

In deciding the transfer question, the Court took into account the preference given to the convenience of the wife in transfer applications relating to matrimonial disputes, but also the distance of about 250 kilometres between Faridkot and Panchkola (Faridkot-Panchkula) as asserted in the application, holding that transfer to Panchkula would be harsh on the respondent as well, particularly since the applicant is posted at Panchkula.

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Ratio / Principle

The Court suggested to both sides that the divorce petition be transferred to any mid-point station; both counsel readily agreed, and the applicant, present in person, readily accepted the said offer.

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Key takeaways

On the aforesaid fact situation, the transfer application was allowed, the divorce petition to stand transferred to the mutually agreed mid-point station between Faridkot and Panchkula.ratio¶¶28

Detailed headnote1 paragraphs

Transfer Application (matrimonial dispute) - High Court of Punjab and Haryana at Chandigarh (Archana Puri, J., Oral; decided 06.02.2025) allowed TA-297-2024 filed by the applicant-wife (Amandeep Kaur), a Constable in Crime Branch, Panchkula, seeking transfer of the pending divorce petition. Balancing the preference given to the wife's convenience in matrimonial transfer applications against the distance of about 250 kilometres between Faridkot and Panchkula (transfer to Panchkula being harsh on the respondent, more particularly as the applicant is posted there), the Court suggested transfer to a mid-point station, which both counsel readily agreed to and the applicant-in-person accepted; the divorce petition accordingly stands transferred to such mid-point station. Related pending proceedings noted: FIR No.159 dated 14.11.2019 under Sections 406 and 498-A IPC, Women Police Station, Panchkula (challan presented; respondent facing trial at Panchkula); petition COMA/69/2020 under Sections 12, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act pending at Panchkula; complaint under Sections 494, 498-A, 506 IPC read with Sections 34, 109, 114, 120-B IPC pending at Panchkula at the initial stage. Parties married on 20.10.2018; no child born; residing separately on account of matrimonial discord. Respondent's contention that the application was filed only to harass him and to enable the applicant to wield influence at her place of posting was recorded but did not alter the balanced mid-point solution.

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TA-297-2024

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Sr. No.117

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TA-297-2024 Date of Decision: 06.02.2025

AMANDEEP KAUR

....Applicant

Versus

SWARANJEET SINGH AND ANOTHER

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.....Respondents

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CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

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Present:Applicant-in-person, along with Mr. Abhishek Singh, Advocate.

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Mr. Amaninder Singh Sekhon, Advocate for respondent No.1 (sole contesting respondent).

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ARCHANA PURI, J. (Oral)

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&��$ %�� that the marriage between the parties to the lis, had taken place on 20.10.2018, but no child was born from the said wedlock. However, on account of the matrimonial discord, the parties are residing separate. As a consequence of the matrimonial dispute, the applicant has got lodged an FIR bearing No.159 Sonu dated 14.11.2019, under Sections 406 and 498-A IPC, at Women Police 2025.02.06 17:33 I attest to the accuracy and authenticity of this document

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TA-297-2024

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Station, Panchkula and the challan has been presented. The respondent is facing trial in the said case in the Courts at Panchkula. Besides the same, the applicant has also filed the petition under Sections 12, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act i.e. COMA/69/2020, which is also pending in the Courts at Panchkula and the respondent is making appearance in the same. Also, she has got lodged a complaint under Sections 494, 498 A, 506 IPC, read with Sections 34, 109, 114, 120-B IPC and the same is also pending at Panchkula, which is still at the initial stage. However, the counsel for the applicant submits that the applicant is working as a Constable in Crime Branch, Panchkula and thus, it is difficult for her to commute a distance of about 250 kilometres, to defend the divorce petition.

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However, the counsel for the respondent, while making reference to the reply, submitted that the present application has been filed, only to cause harassment to the respondent. Moreover, it is submitted that the distance of Faridkot from Panchkula, as claimed by the applicant, is 250 kilometres and thus, it will be inconvenient for the respondent also to pursue the divorce petition, if so transferred. Also, it is submitted that the applicant wants the divorce petition to be transferred to the place, where she is posted and she is bound to wield her influence there.

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Considering the aforesaid factual position and also taking into consideration the preference being given to the convenience of the wife in the transfer applications relating to the matrimonial dispute, but at the same time, also taking into consideration the distance between Faridkot and Panchkula to be about 250 kilometres, as asserted in the application, it shall be harsh for the respondent also, if the divorce petition is transferred to

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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-297-2024

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Panchkula, more particularly, when the applicant is posted there. It has been suggested by the Court to both the sides that the divorce petition can be transferred to any mid-point station, to which both the counsel have readily agreed. The applicant, who is present in person, has also readily accepted the said offer.

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Considering the aforesaid fact situation, the transfer application is allowed and�� �� �� !�� !�� "��&��$��'�� !��(�� )��&��$

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06.02.2025 Himanshu

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(ARCHANA PURI) JUDGE

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

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

Amandeep Kaur v. Swaranjeet Singh and Another

Case brief

What is this about?

What did the court decide?

Amandeep Kaur v. Swaranjeet Singh and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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