The Punjab and Haryana high court has turned down a woman’s request to transfer her matrimonial dispute case pending in Yamunanagar to Mohali, where she now lives.
Dismissing the woman’s plea, the bench of justice Nidhi Gupta observed that no doubt, the preponderance of law in cases of transfer emanating from matrimonial disputes was in favour of the wife, but in the given case, the respondent husband, besides looking after his business, was burdened with the responsibility of upbringing three children.
“The age of the children is very crucial as much as their studies and career are concerned,” the court said.
The woman had petitioned the high court, submitting that her estranged husband had instituted a marriage dissolution case in Yamunanagar. Her parents were no more and for each court hearing, her brother cannot accompany her to Yamunanagar. As she has to repeatedly travel alone 190 km for every hearing, she pleaded that the case be transferred to Mohali.
Couple has three kids, aged 15 to 21
As per the petition, the couple had gotten married in 1999 and had three children, aged 21, 18 and 15. The woman had left her husband in 2020 after being “harassed, humiliated and maltreated for dowry”. She had also claimed that he was in an illicit relationship with another woman.
On the other hand, the estranged husband had told the court that she filed a domestic violence case after he filed the application for dissolution of marriage. The police looked into her complaint and found the allegations false.
{{/usCountry}}On the other hand, the estranged husband had told the court that she filed a domestic violence case after he filed the application for dissolution of marriage. The police looked into her complaint and found the allegations false.
{{/usCountry}}Also what weighed in the mind of the court was that her eldest daughter had told the Mohali police in a statement during the probe into the domestic violence case that her mother used to misbehave with them and their father. Also in 2020, while they were away, the mother left home and did not return despite requests from all, as also claimed by her father.
The court observed that the singular concern that weighed with the court was that of interest and welfare of the children, which was paramount. “ …(if the case is transferred to Mohali) it would cause unnecessary harassment and inconvenience not only to the respondent-husband but also to the children who are residing with him at Yamunanagar and pursuing their studies, being at a crucial juncture of their lives and careers,” the bench said, adding that in view of interest of the children, no case was made out for transferring proceedings from Yamunanagar to Mohali.