SHWETA Vs. GAURAV TANDON

JUDGEMENT

(1.) Prayer in this petition is for transfer of the petition filed by the respondent-husband under Sec. 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, pending before the Family Court, Panchkula to the competent Court of jurisdiction at Chandigarh.

(2.) Learned counsel for the petitioner has argued that a minor son is residing in the care and custody of the petitioner and she, on account of a matrimonial discord, has filed a petition under Sec. 125 Cr.P.C. and has also got registered an FIR under Ss. 406, 498-A IPC at Chandigarh, which are pending. It is further submitted that the respondent-husband has filed the present petition under Sec. 13(1)(ia)(ib) of the Hindu Marriage Act at Panchkula in order to harass the petitioner. It is further submitted that the petitioner is facing great difficulty in prosecuting the said case, as there is a distance of about 20 Kms between the aforesaid two places.

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