Punjab-Haryana High Court
Harpreet Kaur Gill vs Harinder Singh Sandhu on 26 September, 2024
Author: Archana Puri
Bench: Archana Puri
Neutral Citation No:=2024:PHHC:127622
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TA-792-2023
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.114
TA-792-2023
Date of Decision: 26.09.2024
HARPREET KAUR GILL
....Applicant
Versus
HARINDER SINGH SANDHU
.....Respondent
CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI
Present:- Mr. Pranav Chamoli, Advocate
for the applicant.
Mr. K.S. Brar, Advocate
for the respondent.
*****
ARCHANA PURI, J. (Oral)
In consonance with the order dated 25.09.2024 passed by this
Court, copy of the guardianship petition, which was transferred vide order
dated 15.05.2024, has been produced by the counsel for the applicant and the
same is taken on record.
Reply to the transfer application not filed. However, the
counsel for the respondent submits that he does not want to file reply, but he
contests the application.
Learned counsel for the parties heard.
The applicant-wife has filed the present application for seeking
transfer of the petition under Section 9 of the Hindu Marriage Act i.e.
DMC/1219/2022, titled 'Harinder Singh Sandhu Vs. Harpreet Kaur Gill',
filed by the respondent-husband, pending in the Family Court, Bathinda and
she seeks transfer of the same to the Court of competent jurisdiction at
Abohar, District Fazilka.
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Neutral Citation No:=2024:PHHC:127622
TA-792-2023
It is submitted by the counsel for the applicant that the parties
are residing separate, on account of the matrimonial discord. The female
child born from the wedlock of the parties to the lis, who is aged about 5
years, is in the care and custody of the applicant and both of them are
residing with the widow mother of the applicant. The applicant has no
source of income. The applicant has filed the petition under Section 125
Cr.P.C., as well as the complaint under the Protection of Women from
Domestic Violence Act and in both the aforesaid cases, the respondent is
already making appearance. Also, it is submitted by the counsel that the
respondent had filed the petition under Section 25 of the Guardians and
Wards Act i.e. GW/91/2022, in the Courts at Bathinda. However, vide the
judgment passed by this Court in FAO-5519-2023, the guardianship petition
stands transferred to the Family Court, Fazilka and thereupon, the
respondent is making appearance in the same.
In the given circumstances, the counsel submits that it is difficult for
the applicant to defend the petition under Section 9 of the Hindu Marriage
Act, from a distance of about 85 kilometres, from the place of her residence,
more particularly, while she is having the custody of the minor child and
having no source of earning.
On the other hand, the counsel for the respondent submits that
the respondent is suffering from depression. During the course of making
submissions, the counsel for the respondent has placed on record the
certificate issued by Dr. Satish Thapar, who states about the respondent to be
under his treatment for psychiatric illness as on OPD patient.
May it be so. However, from the said certificate, it is not
evident about the extent of illness suffered by the respondent. Even, the
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TA-792-2023
reply, as such, has not been filed, thereby specifying the extent of illness,
and whether it hampers the day-to-day movement of the respondent.
In view of the submissions made aforesaid, more particularly,
considering the settled position of law about weightage to be given to the
convenience of the wife, in case of transfer applications relating to the
matrimonial dispute and also considering the minor child to be in the care
and custody of the applicant and she having no sour of earning, the
application is hereby accepted and thepetition under Section 9 of the Hindu
Marriage Act i.e. DMC/1219/2022, titled 'Harinder Singh Sandhu Vs.
Harpreet Kaur Gill', filed by the respondent-husband, stands transferred
from the Family Court, Bathinda, to Family Court (Camp Court) Abohar,
District Fazilka. The requisite record of the aforesaid case be sent by the
Family Court, Bathinda, to the District and Sessions Judge, Fazilka.
Learned District and Sessions Judge, Fazilka, shall assign the
said petition to the Family Court (Camp Court) Abohar. Even, the parties are
directed to appear before the Family Court (Camp Court) Abohar, within a
period of one month from today onwards.
(ARCHANA PURI)
26.09.2024 JUDGE
Himanshu
Whether speaking/reasoned : Yes
Whether reportable : Yes/No
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