RENU Vs. RAKESH KUMAR

JUDGEMENT

(1.) Prayer in this petition is for transfer of the petition filed by the Respondent-husband under Sec. 13(A)(i)(ia) of the Hindu Marriage Act, pending before the Family Court, Sirsa to the competent Court of jurisdiction at Hisar.

(2.) Learned counsel for the petitioner has argued that on account of matrimonial discord, the petitioner has filed a complaint under the Protection of Women from Domestic Violence Act, which is pending before the Court at Hisar and she also lodged two FIRs i.e. FIR No.227 dtd. 26/10/2020 under Ss. 323, 325, 34 IPC and FIR No.39 dtd. 24/5/2022 under Ss. 323, 34, 46, 498-A, 506 IPC, at Police Station Women Hisar. It is further submitted that the petitioner is facing great difficulty in prosecuting the petition filed by the Respondent, as there is a distance of about 120 kms between Hisar and Sirsa.

(3.) Learned counsel has relied upon the judgments Sumita Singh Vs. Kumar Sanjay, 2002 SC 396 and Rajani Kishor Pardeshi Vs. Kishor Babulal Pardeshi, 2005 12 SCC 237, wherein the Hon'ble Supreme Court observed that while deciding the transfer application, the Courts are required to give more weightage and consideration to the convenience of the female litigants and transfer of legal proceedings from one Court to another should ordinarily be allowed, taking into consideration their convenience and the Courts should desist from putting female litigants under undue hardships."