PREETI Vs. SANDEEP KUMAR

JUDGEMENT

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

(2.) Learned counsel for the petitioner has argued that on account of matrimonial discord, the petitioner has filed a petition under Sec. 125 Cr.P.C., a complaint under the Protection of Women from Domestic Violence Act at Palwal and she also lodged an FIR No.378 dtd. 7/12/2021 under Ss. 498-A, 406, 354-A, 506, 323, 34 IPC, at Police Station Hathin. 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 55 kms between Palwal and Gurugram.

(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."