IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Sr. No.113 Date of Decision: 07.03.2025 SANJEEDA ....Applicant Versus ABID KHAN .....Respondent CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Amandeep Kaur, Advocate for Mr. G.S. Sandhu, Advocate for the applicant.

None for the respondent.

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ARCHANA PURI, J. (Oral)

The applicant-wife has filed the present application for seeking transfer of the civil suit i.e. CS/27/2024, filed for Restitution of Conjugal Rights, titled ‘Abid Khan Vs. Sanjeeda’, filed by the respondent-husband. The said case is pending in the Family Court, Faridabad and the applicant Upon notice issued, the respondent did not make appearance and as such, he is proceeded against ex parte.

Learned counsel for the applicant heard.

At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 24.11.2004. Three children born from the said wedlock, are in the care and custody of the applicant. On account of the matrimonial discord, the parties are residing separate. Even, the applicant has filed the petition under Section 125 Cr.P.C., which has since been decided by the Courts at Karnal and now, the execution qua the same is pending in the Courts at Karnal only. Besides the same, she has filed the petition for seeking dissolution of marriage and the petition under Section 12 of the Protection of Women from Domestic Violence Act, which are also pending in the Courts at Karnal. Also, it is submitted that the applicant is not having any source of earning and is totally dependent upon her parental family. In the given circumstances, it is submitted that it is difficult for the applicant, to commute a distance of about 160 kilometres, to defend the civil suit for Restitution of Conjugal Rights.

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 three children born from the wedlock are residing with the applicant and also considering the fact about the respondent having not come forward to contest the application, the transfer application is allowed and the civil suit i.e. CS/27/2024, filed for Restitution of Conjugal Rights, titled ‘Abid Khan Vs. Sanjeeda’, filed by the respondent-husband, stands transferred Karnal. The requisite record of the aforesaid case be sent by the Family Court, Faridabad, to the District and Sessions Judge, Karnal.

Learned District and Sessions Judge, Karnal, shall assign the said petition to the Family Court, Karnal. Even, the parties are directed to appear before the Family Court, Karnal, within a period of one month from today onwards.

(ARCHANA PURI)

07.03.2025 JUDGE

Himanshu

Whether speaking/reasoned : Yes

Whether reportable : Yes/No