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2022 Supreme(P&H) 804

ARVIND SINGH SANGWAN
Neelam Bharti – Appellant
Versus
Tushar Bharti – Respondent


Advocates:
Mr. Rohit Joshi, Advocate for Mr. A.K. Yadav, Advocate, for the Appellant; None, 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, Ludhiana to the competent Court of jurisdiction at Rohtak.

2. Learned counsel for the petitioner has argued that the petitioner is having no source of income and is facing great difficulty in prosecuting the petition filed by the respondent, as there is a distance of about 260 kms from Rohtak to Ludhiana. 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."

3. Learned counsel has further relied upon N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha, 2022 Live Law (SC) 6

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