AMBIKA SHARMA Vs. DEEPAK BHATIA

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, 1955, titled as Deepak Bhatia vs. Ambika Sharma, pending before the Family Court, Ludhiana to the competent Court of jurisdiction at Rajpura, Patiala.

(2.) Learned counsel for the petitioner has argued that on account of a matrimonial discord, the petitioner has filed a petition under Sec. 125 Cr.P.C., a complaint under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 as well as a complaint under Ss. 406, 498-A IPC at Rajpura, which are pending. It is further submitted that as a counter-blast to the aforesaid cases, the respondent-husband has filed the present petition under Sec. 9 of the Hindu Marriage Act at Ludhiana in order to harass the petitioner. It is further submitted that the petitioner is facing great difficulty in prosecuting the said case, as there is a distance of about 95 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."