DIMPLE Vs. NEELAM

JUDGEMENT

(1.) Prayer in this petition is for transfer of Complaint No.DV/195/2020 (Annexure P-5) filed by the respondent, pending before the Court of Judicial Magistrate 1st Class, Gurugram to the competent Court of jurisdiction at Rajpura, District Patiala.

(2.) Learned counsel for the petitioner has argued that the petitioner has lodged an FIR No.49 dtd. 2/3/2020 under Ss. 406 and 498-A IPC, at Police Station City Rajpura, District Patiala. She also filed a petition under Sec. 125 Cr.P.C. and a petition/complaint under the Protection of Women from Domestic Violence Act at Rajpura. 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 275 kms from Rajpura, District Patiala to 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.'