USHA Vs. CHANCHAL MASIH

JUDGEMENT

(1.) Prayer in this petition is for transfer of the civil suit No. 275/2022, titled as Chanchal Masih vs. Usha and others, filed by the respondents, pending before the Civil Judge (Jr. Divn.), Baba Bakala, District Amritsar to the competent Court of jurisdiction at Gurdaspur.

(2.) Learned counsel for the petitioner has argued that on account of a matrimonial discord, the petitioner has filed four litigations, i.e. an execution application in maintenance proceedings, a petition under Sec. 127 Cr.P.C., a civil suit No. 1043/2020 as well as a petition under Sec. 10 of the Hindu Marriage Act, which are pending at Gurdaspur. It is further submitted that the respondent-husband has filed the present civil suit at Baba Bakala 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 70 Kms between the aforesaid two places.

(3.) Learned counsel 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 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." 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: