LAWS(P&H)-2015-3-417

MILAN PRIYA DUA Vs. CHANDANA DUA

Decided On March 24, 2015
Milan Priya Dua Appellant
V/S
Chandana Dua Respondents

JUDGEMENT

(1.) This order will dispose of two Transfer Applications bearing No.179 and 550 of 2013.

(2.) Learned counsel for the wife submitted that marriage between the parties was solemnized on 18.2.2006 at Jalandhar. Out of the wedlock, a daughter was born on 15.8.2007. After the marriage, the parties shifted to Faridabad, however, on account of certain differences, they could not live together. At present, the wife is living at Jalandhar with her minor daughter. Prior to that she was serving at Gurgaon and used to come to Jalandhar on weekends. Her father has already expired. She has old mother. Her brother is physically challenged. Even the daughter is also suffering from nephrotic syndrome.

(3.) It was further submitted that besides two cases in question, there are three other cases, which are pending at Jalandhar, namely, a petition for custody of the child filed by the husband, in which as per the interim arrangement, the husband comes to Jalandhar to meet the child every month; a complaint filed by the wife under Section 406/498A IPC, in which the husband has been summoned and an application filed by the wife under Section 125 Cr.P.C. for claiming maintenance. Once, the husband is coming to Jalandhar to attend hearings in the aforesaid cases, even hearing in divorce petition can also be attended by him. At the time of filing of the divorce petition, the husband was posted at Faridabad, however, now he has been transferred to Ambala. Jalandhar is nearer than Faridabad from Ambala.