HARWINDER KAUR Vs. JAGDEEP SINGH BRAR

JUDGEMENT

(1.) Prayer in this petition is for transfer of the petition filed by the Respondent-husband under Sec. 9 of the Hindu Marriage Act, pending before the Family Court, Ferozepur to the competent Court of jurisdiction at Patiala.

(2.) Learned counsel for the petitioner has argued that the petitioner is having no independent source of income and is facing great difficulty in prosecuting the petition filed by the Respondent, as there is a distance of about 223 kms between Patiala and Ferozepur. It is further submitted that the petitioner is having one month old child, who is living in her care and custody and she is facing difficulty to defend the case, as she has to travel from Patiala to Ferozepur.

(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."