IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Sr. No.103 TA-1213-2022 Date of Decision: 13.02.2025 ....Applicant Versus .....Respondent CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Ms. Puja Chopra, Advocate for the applicant. Mr. H.S. Diawan, Advocate for Mr. T.S. Hundal, Advocate for the respondent. ***** ARCHANA PURI, J. (Oral) !" ! #$" % &%$ %' $ ( # ! $ % $ ) * + $ , " ! " , ! !$ " - ," t is submitted by the counsel for the Sonu 2025.02.13 17:44 I attest to the accuracy and authenticity of this document P&HHC applicant that the marriage between the parties to the lis, had taken place on 26.04.2011. On account of the matrimonial discord, the parties are residing separate. Three children were born from the said wedlock. The elder son has been forcibly taken away by the respondent and is residing with him, whereas, the two children, one son and one daugther, who are about 7 years old and 5 years old, are in the care and custody of the applicant. Also, it is submitted that the applicant is unemployed and as such, has no source of earning. Moreover, it is submitted that the applicant has filed the petition under Section 12 of the Protection of Women from Domestic Violence Act, which is pending in the Courts at Patiala and the respondent has made appearance in the same. Also further, it is submitted that the respondent himself is a resident of Gobindgarh and the distance, which is required to be covered to pursue the petition under Section 9, is equi-distant from Mandi Gobindgarh, either to Amloh or Patiala. However, the counsel appearing on behalf the respondent resists the claim of the applicant, as he submits that the distance is not such, which the applicant cannot commute and therefore, he has made a prayer for dismissal of the application. In view of the aforesaid submissions, 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 two minor children are residing with the applicant and also considering the fact about the respondent himself to be a resident of Mandi Gobindgarh, which is situated almost equi-distant from Amloh or Patiala, the transfer application is allowed and Sonu 2025.02.13 17:44 I attest to the accuracy and authenticity of this document P&HHC !" ! $#$"% &%$%'$ ( #! % $ ) *. ! !" #$"%&%$%'$ ( / * - ( / * #$"% *0, !#$"% * $ $ " (ARCHANA PURI) 13.02.2025 JUDGE Himanshu Whether speaking/reasoned : Yes Whether reportable : Yes/No Sonu 2025.02.13 17:44 I attest to the accuracy and authenticity of this document P&HHC