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2022 Supreme(P&H) 679

ARVIND SINGH SANGWAN
Geeta – Appellant
Versus
Amarjeet Singh – Respondent


Advocates:
Ms. Gurkanwal Kaur, Advocate for Mr. Deepak Arora, Advocate for the petitioner., for the Appellant; ; , for the Respondent

JUDGMENT

Arvind Singh Sangwan, J. (Oral) - Prayer in this petition is for transfer of the petition filed by the respondent-husband under Section 13 of the Hindu Marriage Act, pending before the Family Court, Amritsar to the competent Court of jurisdiction at Gurdaspur.

2. Learned counsel for the petitioner has argued that on account of matrimonial discord, the petitioner has filed a complaint under the Protection of Women from Domestic Violence Act at Gurdaspur. It is further submitted that the petitioner is facing great difficulty in prosecuting the petition filed by the respondent, as there is a distance of about 80 kms between Gurdaspur and Amritsar.

3. Learned counsel has further contended that the petitioner is having two minor children, who are living in her care and custody and she is facing difficulty to defend the case, as she has to travel from Gurdaspur to Amritsar.

4. 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 consider

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