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Initially, TA-713-2022 was filed by the applicant-Sonia Sharma, for seeking transfer of the civil suit for declaration titled 'Rajesh Bakshi Vs. Sonia Sharma' and the petition under Section 9 of the Hindu Marriage Act titled 'Rajesh Bakshi Vs. Sonia Sharma'. Both the cases were filed by the respondent-husband in the Courts at Derabassi and the applicant is making appearance in both the aforesaid cases. Now, the wife is seeking transfer of these cases from Derabassi to Chandigarh. It is pertinent to mention that after filing of the aforesaid cases, the divorce petition has been filed by the applicant/petitioner, in the Courts at Chandigarh.

It is in this backdrop, the applicant/respondent/husband has filed an application i.e. CM-10313-CII-2022, for seeking revival of the transfer application.

Reply to the transfer application was filed. Even, the counsel for the respondent has submitted that the contents of the application be also taken into consideration in CRM-M-32872-2022.

Learned counsel for the parties heard.

In the reply to the transfer application, it is submitted by the counsel for the husband that the wife had filed false complaints against the applicant/respondent/husband, at Police Station Zirakpur, only to harass and humiliate him. In fact, the police found no truth in the same and as such, all the aforesaid complaints were closed. Also, it is submitted that even the petition under the Protection of Women from Domestic Violence Act, was filed by the Wife, during the pendency of the civil suit at Derabassi and the said petition was also filed at Derabassi, which is still pending. It was only, during the pendency of the aforesaid litigation, that the wife had filed the divorce petition in the Courts at Chandigarh.

Also, it is submitted by the counsel for the husband that the parties are residing in the same residential premises in Derabassi, though, they are residing separate. The Courts at Derabassi are at a distance of 6-8 kilometres, from the residence of the parties to the lis and as such, it is 3 of 6 Neutral Citation No:=2024:PHHC:124567 TA-713-2022 (O&M) AND CRM-M-32872-2022 (O&M) convenient for both the parties to pursue the litigation, if the same continues to remain pending in the Courts at Derabassi only, more particularly, when the petition under the Protection of Women from Domestic Violence Act, was filed by the Wife at Derabassi.

Also further, it is submitted that it was wrongly projected before this Court by the non-applicant/petitioner/wife in the transfer application, about the child born from their wedlock, who is 13 years old, to be studying in Chandigarh. In fact, it is also pointed out that the child, who is 13-14 years old, is staying with both his parents. Both the parents are sharing their responsibility in the upbringing of their child. The said child commutes daily from Derabassi house to his school in the school bus. It is further pointed out that he is so commuting to his school, in this manner, for the last 7-8 years. Besides the same, also it is submitted by the counsel for the husband that the wife is employed as Manager (Sales) in Multi National Company at Chandigarh and she also is commuting to Chandigarh, from Derabassi, in routine.