SONAM KHURANA Vs. MANPREET SINGH

JUDGEMENT

(1.) Prayer in this petition is for transfer of the petition filed by the respondent-husband under Sec. 9 of the Hindu Marriage Act, 1955, pending before the Family Court, Batala to the competent Court of jurisdiction at Dera Bassi.

(2.) In paragraph No. 3 of the petition filed under Sec. 9 of the Hindu Marriage Act, the respondent-husband has stated that a minor daughter is living in the care and custody of the petitioner. It is stated in this petition that the petitioner, on account of a matrimonial discord, has filed a complaint under the provisions of the DV Act and has also got registered FIR No. 70 dtd. 5/9/2023 under Ss. 406, 498-A of the IPC at Dera Bassi, which are pending. It is further submitted that the respondent-husband has filed the present petition under Sec. 9 of the Hindu Marriage Act at Batala 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 240 Kms between the aforesaid two places.

(3.) In the judgments rendered in Sumita Singh Vs. Kumar Sanjay, 2002 SC 396 and Rajani Kishor Pardeshi Vs. Kishor Babulal Pardeshi, 2005(12) SCC 237, 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."