Punjab-Haryana High Court
Renu vs Rahul on 21 March, 2025
Author: Archana Puri
Bench: Archana Puri
Neutral Citation No:=2025:PHHC:039104
1
TA-374-2025
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.126
TA-374-2025
Date of Decision: 21.03.2025
RENU
....Applicant
Versus
RAHUL
.....Respondent
CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI
Present:- Mr. Kapil Aggarwal, Advocate
for the applicant.
*****
ARCHANA PURI, J. (Oral)
The applicant-wife has filed the present application for seeking transfer of the petition under Section 13 of the Hindu Marriage Act i.e. HMA/1024/2023, titled 'Rahul Vs. Renu', filed by the respondent-husband, pending in the Family Court, Ambala and she seeks transfer of the same to the Court of competent jurisdiction at Derabassi, District SAS Nagar.
It is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 25.02.2020. On account of the matrimonial discord, the parties are residing separate. Furthermore, it is submitted that the applicant had filed a complaint under the Protection of Women from Domestic Violence Act i.e. COMA/17/2024, petition under Section 25 of the Guardians and Wards Act and the petition under Section 156(3) Cr.P.C., which are also pending in the Courts at Derabassi, District SAS Nagar. Also, the applicant had filed the petition under Section 125 Cr.P.C., which is also pending in the Courts at Ambala. In the given circumstances, it is submitted that the divorce petition be transferred.
1 of 2 ::: Downloaded on - 22-03-2025 22:00:50 ::: Neutral Citation No:=2025:PHHC:039104 2 TA-374-2025 However, the submissions so made, are without any basis. It is pertinent to mention that distance between Derabassi and Ambala is about 25 kilometres and both the stations are existing on the G.T. road, which has a well-connected network of transportation. Though, it is submitted that the application has been filed for seeking transfer to avoid passing of the conflicting judgments, but however, it is not so. The nature of the litigation, already pending in the Courts at Ambala, is different from the divorce petition filed by the respondent. Moreover, another petition under Section 125 Cr.P.C., filed by the applicant in the Courts at Ambala, is already being pursued by her. In the given circumstances, no case is made out to allow the application.
Hence, the transfer application is hereby dismissed, at the inception stage only.
(ARCHANA PURI)
21.03.2025 JUDGE
Himanshu
Whether speaking/reasoned : Yes
Whether reportable : Yes/No
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