Dismissed¶26

Pooja v. Dollar Goyal

Punjab & Haryana HC19 Feb 2025TA/528/2024

Case brief

AI extract

What is this about?

Transfer application dismissed; divorce petition to remain at Sangrur; convenience of wife in matrimonial transfer applications held not to be a thumb rule; about 40 kilometres between Barnala and Sangrur with well-connected transport; related petitions under Section 12 of the Protection of Women from Domestic Violence Act and Section 125 Cr.P.C. pending at Barnala; marriage 14.12.2022; son in applicant's custody; Punjab and Haryana High Court; Justice Archana Puri; decided 19.02.2025.

What did the court decide?

Preference to the convenience of the wife in transfer applications relating to matrimonial disputes is not a thumb rule; various other circumstances spelt out from the material on record must also be taken into consideration. ¶25

Pooja Vs Dollar Goyal — Domestic Violence | Punjab & Haryana HC (2025)

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TA-528-2024

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Sr. No.226

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TA-528-2024 Date of Decision: 19.02.2025

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....Applicant

Versus

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.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

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Present:Mr. Vivek Singla, Advocate for the applicant.

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None for the respondent.

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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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between the parties to the lis, had taken place on 14.12.2022. One son born from the said wedlock, is in the care and custody of the applicant. Also, it is submitted on account of the matrimonial discord, the applicant has filed the

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Sonu 2025.02.19 19:06 I attest to the accuracy and authenticity of this document P&HHC

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TA-528-2024

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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 Barnala. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 40 kilometres, from Barnala to Sangrur, to defend the divorce petition.

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In view of the submissions aforesaid, it is pertinent to mention that even though, time and again, it is observed by the Courts that preference ought to be given to the convenience of wife, in the transfer applications relating to the matrimonial dispute. However, it is not a thumb rule. Various other circumstances, spelt out from the material coming on record, also ought to be taken into consideration. The distance between Sangrur and Barnala is about 40 kilometres only and it is having a well-connected mode of transport, which shall not be causing much inconvenience to the applicant, to reach the Courts at Sangrur. Solely, on account of seeking convenience, the transfer application should not be allowed, while keeping in view the extent of distance between the two places.

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Hence, the transfer application is hereby dismissed.

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19.02.2025

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Himanshu

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(ARCHANA PURI) JUDGE Whether speaking/reasoned : Yes Whether reportable : Yes/No

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Sonu 2025.02.19 19:06 I attest to the accuracy and authenticity of this document P&HHC

Pooja v. Dollar Goyal

Case brief

What is this about?

What did the court decide?

Pooja v. Dollar Goyal

Case brief

What is this about?

What did the court decide?

What the court decided

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