Judgment Mr. H.S. Madaan, J. (Oral):-Applicant Laddi, aged about 25 years, estranged wife ofrespondent No.1 Manjit Singh, presently residing with her parents atVillage Awankha Udhepur Morr, Dinanagar, Tehsil & DistrictGurdaspur, on account of matrimonial discord between the spouses, byway of filing the present application, seeks transfer of divorce petition,filed by her husband, respondent No.1 against her having title ‘Manjit Singh Vs. Laddi and another’ pending in the Court of District Judge,Family Court, Pathankot to the Court of competent jurisdiction atGurdaspur. 2. According to the applicant, she got married withrespondent No.1 on 14.01.2016 at Pathankot. Thereafter, they startedresiding together. The marriage was consummated and they wereblessed with a daughter, namely, Ramneet Kaur on 09.10.2016. Themarriage ran into rough weather on account of frequent demands ofdowry raised by respondent No.1 from the applicant, which she couldnot get fulfilled to his satisfaction. As such, she along with minordaughter of the parties was thrown out of the matrimonial home in thelast week of May, 2018. She had no other place to go except the houseof her parents at Village Awankha Udhepur Morr, Dinanagar, Tehsil&District Gurdaspur. She along with her minor daughter has filed apetition under Section 125 Cr.P.C. against the respondent in Court atGurdaspur for grant of maintenance. Respondent No.1 has filed thepetition in question against the applicant on the ground of cruelty andadultery, which allegations are stated to be false by the applicant.Under the circumstances, it is difficult for the applicant to travel fromher parental place to Pathankot, to attend the dates of hearing in theCourt there. Therefore, the present application be accepted. 3. Notice of the application was given to the respondent whoput in appearance through counsel, filed written reply and is opposingthe application vehemently, praying for its dismissal. 4. I have heard learned counsel for the parties besides goingthrough the record. 5. A perusal of the copy of divorce petition in question goesto show that there are serious allegations with regard to moral characterof the applicant.
4. I have heard learned counsel for the parties besides goingthrough the record. 5. A perusal of the copy of divorce petition in question goesto show that there are serious allegations with regard to moral characterof the applicant. It has been alleged that while in the matrimonialhome, the applicant had been talking on the mobile phone for long timewithout disclosing identity of the person with whom she used to talk.Later on, respondent No.1 got the call details of mobile phone of theapplicant as well as text messages exchanged on Whatsapp and wasshocked to know that the applicant was having continuous telephonic,Whatsapp and physical relationship with respondent No.2 LuckyGhuman, who had not got himself married and was waiting for the daywhen respondent No.1-Laddi, in the divorce petition, would get rid ofher husband to enable her to enter into legal wedlock with respondentNo.2. Call details of mobile phones of Lucky Ghuman and Neeraj havebeen placed on record as supporting documents. With such type ofserious allegations, I do not find it proper and appropriate to accept theapplication and transfer the divorce petition in question to the Court ofcompetent jurisdiction at Gurdaspur. The application being without anymerit stands dismissed.