RAVINA ROHILLA Vs. VIVEK ROHILLA

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, Rohtak to the competent Court of jurisdiction at Jhajjar. Counsel for the petitioner has argued that on account of a matrimonial discord, the respondent/husband has filed the petition under Sec. 13 of the Hindu Marriage Act, before the Principal Judge, Family Court, Rohtak.

(2.) Counsel for the petitioner has submitted that on 29/7/2023, the petitioner's father took her to matrimonial house but the respondent suddenly attacked and gave them severe beatings for which the petitioner has relied upon the MLR. It is argued that there is an apprehension of imminent threats to the petitioner and her family members, if she goes to attend the proceedings at Family Court, Rohtak. 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 40 Kms from Jhajjar to Rohtak. Counsel for the petitioner has further contended that the petitioner is having to minor children, who is living in her care and custody and she is facing difficulty to defend the case as she has to travel from Jhajjar to Rohtak.

(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."