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2022 Supreme(P&H) 681

ARVIND SINGH SANGWAN
Anuradha – Appellant
Versus
Pankaj – Respondent


Advocates:
Mr. Pradeep Panwar, 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 9 of the Hindu Marriage Act, pending before the Family Court, Panipat to the competent Court of jurisdiction at Karnal.

2. Learned counsel for the petitioner has argued that on account of matrimonial discord, the petitioner has filed a petition under Section 125 Cr.P.C. at Karnal. It is further submitted that the respondent is not paying the maintenance, therefore, the petitioner is facing great difficulty in prosecuting the petition filed by the respondent, as there is a distance of about 40 kms between Karnal and Panipat.

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 fr

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