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Mandeep Kaur & Neeta v. Dilbag Singh

Punjab & Haryana HC20 Feb 2025TA/444/2024

Case brief

AI extract

What is this about?

Punjab and Haryana High Court; TA-444-2024; transfer application allowed on convenience of wife in matrimonial dispute; Section 12 Protection of Women from Domestic Violence Act petition COMA/238/2021; Section 125 Cr.P.C. petition MNT-125/301/2001; Courts at Talwandi Sabo; respondent proceeded ex parte; interim maintenance fixed; separate execution pending; distance between places about 100 kilometres; respondent did not file reply; Archana Puri, J.; decided 20.02.2025; advocates P.K.S. Phoolka and Arshdeep Singh Brar.

What did the court decide?

Transfer application allowed; the pending matrimonial proceedings (DV Act petition COMA/238/2021 with its connected execution, and Section 125 Cr.P.C. petition MNT-125/301/2001) are to stand transferred, the transferee court/place being named only in a portion of the text that is illegible.

Mandeep Kaur & Neeta Vs Dilbag Singh — Domestic Violence | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the transfer application relating to the matrimonial dispute should be allowed in favour of the applicant (wife), on the footing that preference is to be given to the convenience of the wife in such transfer applications.

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Court's answer

The transfer application is allowed, the Court considering the position of law preferring the convenience of the wife in matrimonial transfer applications, the respondent's failure to file any reply bringing out a strong circumstance for denial, and the distance between the two places being about 100 kilometres.

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Detailed headnote1 paragraphs

Transfer Application (TA-444-2024), High Court of Punjab and Haryana at Chandigarh, decided 20.02.2025 by Archana Puri, J. (Oral) — ALLOWED. The applicant-wife sought transfer of her pending matrimonial proceedings pending before the Courts at Talwandi Sabo: (i) a petition under Section 12 of the Protection of Women from Domestic Violence Act (COMA/238/2021), in which the respondent appeared at first instance but was proceeded against ex parte, interim maintenance was fixed, and a separate execution concerning that maintenance is pending at Talwandi Sabo; and (ii) a petition under Section 125 Cr.P.C. (MNT-125/301/2001). The respondent's counsel contended the inter-place distance was less than 100 km, but the respondent filed no reply. Allowing the application, the Court considered the position of law according preference to the convenience of the wife in matrimonial transfer applications, the absence of any reply disclosing strong circumstances for denial, and the distance between the two places to be about 100 kilometres. Counsel: P.K.S. Phoolka for the applicant; Arshdeep Singh Brar for the respondent.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Sr. No.218

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TA-444-2024 Date of Decision: 20.02.2025

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CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

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Present:Mr. P.K.S. Phoolka, Advocate for the applicant.

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Mr. Arshdeep Singh Brar, Advocate for the respondent.

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ARCHANA PURI, J. (Oral)

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parties are residing separate. The applicant had filed the petition under Section 12 of the Protection of Women from Domestic Violence Act i.e. COMA/238/2021, in the Courts at Talwandi Sabo. In the said petition, the respondent, though, had made appearance, at first instance, but was proceeded against ex parte and interim maintenance was fixed, relating to which, separate execution is pending in the Courts at Talwandi Sabo. Similar is the position, with regard to the petition under Section 125 Cr.P.C. i.e. MNT-125/301/2001, filed by the applicant. Also, it is submitted that the applicant is not having any source of earning and is dependent upon her parental family.

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On the contrary, the counsel for the respondent submits that the distance between the two places is not 100 kilometres, as pleaded in the application and it is less. As such, the applicant can very conveniently pursue the petition, while staying at Talwandi Sabo.

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In view of the submissions aforesaid, 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, when the respondent himself has not filed reply, to bring out any strong circumstance for denial of the application and also considering the distance between the two places to be about 100 kilometres, the transfer application is allowed and�� !"#!�$�%�� �� �� ' ��&�'��(�� &��(��'��)�� +�� 0��&�'�� (��&��1��+��

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Sonu 2025.02.20 17:04 I attest to the accuracy and authenticity of this document P&HHC

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20.02.2025

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(ARCHANA PURI) JUDGE