BALJEET KAUR Vs. SARABJIT SINGH

JUDGEMENT

(1.) Prayer in this petition is for transfer of the petition filed under Sec. 13 of the Hindu Marriage Act, pending in the Family Court, Patiala to the competent Court of jurisdiction at Rupnagar.

(2.) Counsel for the petitioner has argued that the petitioner/wife is working as a Constable in Border Security Forces (B.S.F.) and is having two minor children, who are living in her care and custody. It is further submitted that the elder child is presently residing with the maternal grandparents in Village Aasro, District Nawanshahr where he is studying in a school and the younger child is getting medical treatment at Chandigarh and on request, the petitioner/wife has been granted accommodation at Mohali for a period of one year. It is also argued that the Respondent/husband has filed a petition under Sec. 13 of the Hindu Marriage Act, which may be transferred from Patiala to Rupnagar as the petitioner/wife is facing great difficulty in prosecuting the said case as there is a distance of about 77 Kms from Rupnagar to Patiala.

(3.) Counsel for the petitioner 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 has 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."