MONIKA Vs. RAJNEESH

JUDGEMENT

(1.) Prayer in this petition is for transfer of the petition filed under Sec. 9 of the Hindu Marriage Act, pending in the Family Court, Yamuna Nagar to the competent Court of jurisdiction at Karnal. Counsel for the petitioner has argued that on account of a matrimonial discord, the petitioner has filed a petition under Sec. 125 Cr.P.C. and a petition under Sec. 12 of the Guardians and Wards Act; petition under Sec. 13 of the Hindu Marriage Act and also got registered two FIRs i.e. FIR No.04 dtd. 1/1/2020 and FIR No.69 dtd. 29/1/2020 at Police Station City Karnal, District Karnal.

(2.) Counsel for the petitioner has further submitted that the respondent/husband has filed the petition under Sec. 9 of the Hindu Marriage Act, as a counter-blast, before the Principal Judge, Family Court, Yamuna Nagar. 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 70 Kms from Karnal to Yamuna Nagar.

(3.) Counsel for the petitioner has further contended that the petitioner is having a minor child, who is living in her care and custody and she is facing difficulty to defend the case as she has to travel from Karnal to Yamuna Nagar. Counsel for the petitioner has relied upon the judgment '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."