Allowed¶23

Aarti v. Amit Kumar

Punjab & Haryana HC1 Mar 2025TA/949/2024

Case brief

AI extract

What is this about?

Punjab & Haryana High Court, TA-949-2024 (Archana Puri J, decided 01.03.2025): wife's transfer application for shifting the divorce petition allowed on the ground of her convenience - about 80 km commute, no source of earning, dependence on parental family, care of minor daughter, pending Section 125 Cr.P.C. case MNT-125/394/2023 at Hisar; respondent did not appear to defend the transfer application. Keywords: transfer application, matrimonial dispute, convenience of wife, divorce petition, Section 125 Cr.P.C., Hisar, minor daughter custody.

What did the court decide?

Transfer of the divorce petition to a court convenient to the applicant; the specific transferee court is not legible in the provided text. ¶23

Aarti Vs Amit Kumar — Maintenance and Alimony | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer of the divorce petition to a court convenient to the applicant; the specific transferee court is not legible in the provided text.

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Issue for consideration

Whether the transfer application filed by the applicant (wife) seeking transfer of the divorce petition, which she is required to defend at a distance of about 80 kilometres, should be allowed in view of the preference accorded to the convenience of the wife in transfer applications relating to matrimonial disputes.

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Court's answer

In transfer applications relating to matrimonial disputes, preference is to be given to the convenience of the wife; the Court decided the present application in the light of this position of law.

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Ratio / Principle

The transfer application is allowed, the respondent having not come forward to defend the transfer application and the applicant being engaged in taking care of the minor daughter.

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Detailed headnote1 paragraphs

High Court of Punjab and Haryana at Chandigarh (Archana Puri, J., oral), TA-949-2024, decided 01.03.2025 - Transfer application by the wife allowed. The parties married on 16.10.2011 and have two children: the minor daughter is in the applicant's care and custody, the son resides with the respondent; the parties live separately owing to matrimonial discord. The applicant, who has no source of earning and depends on her parental family, was required to defend the divorce petition at a distance of about 80 kilometres while caring for the minor daughter, and has a pending Section 125 Cr.P.C. maintenance petition (MNT-125/394/2023) before the courts at Hisar in which the respondent is appearing. Considering the position of law according preference to the convenience of the wife in transfer applications arising from matrimonial disputes, and noting that the respondent did not come forward to defend the transfer application, the Court allowed the transfer. Party names and the transferee court are not legible in the source text.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Sr. No.104

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TA-949-2024 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. Vipin Kumar, 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 14:05 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 16.10.2011. Two children, one daughter and one son, were born from the said wedlock. The minor daughter is presently in the care and custody of the applicant, whereas the son is residing with the respondent. On account of the matrimonial discord, the parties are residing separate. Further, it is submitted that the applicant has no source of earning and is dependent upon her parental family. Even, she has filed the petition under Section 125 Cr.P.C. i.e. MNT-125/394/2023, which is pending in the Courts at Hisar and the respondent is making appearance in the same. In the given circumstances, it is submitted that it is difficult for the applicant to commute a distance of about 80 kilometres, to defend the divorce petition, more particularly, while taking care of the minor daughter.

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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 has not come forward to defend the transfer application and also considering the fact about the applicant to be taking care of the minor daughter, the transfer application is allowed and�� !�� ��  ��"#��"��!��% ��$�%��#�&��'&�%��&��(��!�)��$��"��!��&�� %��*��0��"� ��"#��$�%��#�&��'&�%��&��(��!��)�� 1��!��

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Sonu 2025.03.01 14:05 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