MADHU SHARMA Vs. VIKAS SHARMA

JUDGEMENT

(1.) Prayer in this petition is for transfer of the petition filed by the respondent-husband under Sec. 13(1) of the Hindu Marriage Act, pending before the Family Court, SAS Nagar to the competent Court of jurisdiction at Panchkula. 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. and also registered an FIR under Ss. 323, 406, 498-A, 405, 509 IPC, at Police Station Chandimandir, Panchkula. 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 50 kms between Panchkula and SAS Nagar.

(2.) Learned counsel has further contended that the petitioner is having a minor child, who is living in her care and custody and she is facing difficulty to defend the case, as she has to travel from Panchkula to SAS Nagar. 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."

(3.) Learned counsel has further relied upon N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha, 2022 Live Law (SC) 627, wherein the Hon'ble Supreme Court held as under: -