JYOTI Vs. ANIL KUMAR

JUDGEMENT

(1.) Prayer in this petition is for transfer of the petition filed under Sec. 9 of the Hindu Marriage Act, pending in the Family Court, Camp Court Charkhi Dadri to the competent Court of jurisdiction at Rewari. 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. and also got registered an FIR under Ss. 406, 498-A, 506, 509, 34 IPC at Rewari. Counsel for the petitioner has further submitted that the respondent/husband has filed the petition under Sec. 9 of the Hindu Marriage Act, as a counter-blast, before the Principal Judge, Family Court, Camp Court Charkhi Dadri.

(2.) Counsel for the petitioner has also argued that on account of a petition filed by the respondent/husband, the petitioner is facing great difficulty in prosecuting the said case as there is a distance of about 60 Kms from Rewari to Camp Court Charkhi Dadri. 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."

(3.) It is well settled that while considering the transfer of a matrimonial dispute/case at the instance of the wife, the Court is to consider the family condition of the wife, the custody of the minor child, economic condition of the wife, her physical health and earning capacity of the husband and most important the convenience of the wife i.e. she cannot travel alone without assistance of a male member of her family, connectivity of the place to and fro from her place of residence as well as bearing of the litigation charges and travelling expenses. As per the office report, the respondent has been served, however, there is no representation on his behalf.