Allowed¶23

Rajbir Kaur v. Balvinder Singh

Punjab & Haryana HC1 Mar 2025TA/943/2024

Case brief

AI extract

What is this about?

Transfer of divorce petition; convenience of wife; matrimonial dispute; TA-943-2024; High Court of Punjab and Haryana at Chandigarh; Archana Puri; decision 01.03.2025; Section 125 Cr.P.C.; Section 12 Protection of Women from Domestic Violence Act; FIR No.282 dated 09.08.2023; Sections 323, 376, 377, 406, 498-A, 506, 511 IPC; Police Station Pehowa; District Kurukshetra; Courts at Pehowa; 90 kilometres commute; no source of earning; marriage 02.12.2018; Pawan Attri.

What did the court decide?

Transfer of the divorce petition as sought by the applicant; the transferee court named in the operative direction is not legible in the source text. ¶23

Rajbir Kaur Vs Balvinder Singh — Domestic Violence | Punjab & Haryana HC (2025)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Sr. No.103

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TA-943-2024 Date of Decision: 01.03.2025

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....Applicant

Versus

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.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

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Present:Mr. Pawan Attri, Advocate for the applicant.

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None for the respondent.

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ARCHANA PURI, J. (Oral)

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Sonu 2025.03.01 14:04 I attest to the accuracy and authenticity of this document P&HHC

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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 02.12.2018, but no child was born from the said wedlock. On account of the matrimonial discord, the parties are residing separate. Further, it is submitted by the counsel that the applicant is not working and as such, has no source of earning. Even, she has filed the petition under Section 125 Cr.P.C. and the petition under Section 12 of the Protection of Women from Domestic Violence Act, which are pending in the Courts at Pehowa and the respondent is making appearance in the same. Also, the applicant has got lodged an FIR bearing No.282 dated 09.08.2023, under Sections 323, 376, 377, 406, 498-A, 506 and 511 IPC, against the respondent at Police Station Pehowa, District Kurukshetra and the same is pending investigation, as yet. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 90 kilometres, to defend the divorce petition��

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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 applicant is having no source of earning and also considering the fact about three cases to be already pending in the Courts at Pehowa, the transfer application is allowed and�� !"!�#�� ��  ��$%��$��#��'��&�'��% (��#�)��#��(��'��-��.��#�� /��4��$��$%�� &�'��%�(��#�)��#��)��#�/��

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Sonu 2025.03.01 14:04 I attest to the accuracy and authenticity of this document P&HHC

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01.03.2025

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(ARCHANA PURI) JUDGE