VEERPAL KAUR Vs. JALWANT SINGH

JUDGEMENT

(1.) Prayer in this petition is for transfer of the petition filed by the Respondent-husband under Sec. 13 of the Hindu Marriage Act, 1955, pending before the Family Court, Faridkot to the competent Court of jurisdiction at Moga.

(2.) Learned counsel for the petitioner submits that the marriage between the parties took place on 4/5/2003, however, the Respondent-husband has failed to maintain the petitioner-wife as well as their children, who are presently aged about 18 and 13 years, respectively, and are residing in the care and custody of the petitioner. It is further submitted that the Respondent-husband, without any bona fide ground, has filed the present petition under Sec. 13 of the Hindu Marriage Act at Faridkot in order to harass the petitioner and she has also filed a petition under Sec. 125 Cr.P.C. at Nihal Singh Wala, Moga, which is pending. It is further submitted that the petitioner is facing great difficulty in prosecuting the said case, as there is a distance of about 62 Kms between the aforesaid two places.

(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."