SIMRAN Vs. GOBIND BEHAL

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, Amritsar to the competent Court of jurisdiction at Ludhiana.

(2.) It is stated in the petition that on account of a matrimonial discord, the petitioner has filed a petition under Sec. 125 Cr.P.C. at Ludhiana, which is pending. It is further stated that the petitioner has no independent source of income and the respondent-husband has filed the present petition under Sec. 9 of the Hindu Marriage Act at Amritsar 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 145 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."