The convenience of the wife and minor children is a paramount consideration in transfer cases, and the Court should give more weightage and consideration to the convenience of female litigants.

JUDGMENT

Nidhi Gupta, J. - CM 7094-CII/2022 in TA 532/2021:

Vide order dated 17.3.2022, this Court had directed the petitioner to file affidavit regarding her place of residence, as the counsel for the respondent had vehemently disputed the petitioner's assertion that she is living in Mansa along with her children. This application is filed in compliance of said order dated 17.3.2022 to place on record the affidavit as directed, as well as Annexures P8 to P12 which are the report cards, certificates, and fee receipts to show that the petitioner's children are studying at JR Millennium School, Nangal Colony, Shahid Bhagat Singh Chowk, Mansa, Punjab. This application is allowed and the affidavit and the Annexures P8 to P12 are taken on record.

CM 7093-CII/2022 in TA 532/2021

Prayer in this application is for fixing early date of hearing in the case. The main case having been disposed of vide this common order, the said application has become infructuous.

CM 11568-CII/2021 in TA 532/2021

Prayer in this application is for staying the proceedings in the petition under Section 6 of the Hindu Minority and Guardianship Act read with Section 25 of the Guardianship and Ward Act in TA 532/2021.

Vide order dated 9.12.2021 passed by this Court, the same was ordered to be heard with the main case.

The main case being disposed of vide this common order, the said application has also become infructous.

Main case:

1. This common order shall dispose of Transfer Application Nos.

532 and 542 of 2021 filed by petitioner/wife seeking transfer of proceedings, as detailed in para 2 hereinafter, pending in the Courts at Gurugram to the courts of competent jurisdiction at Mansa, Punjab, as the parties, facts, submissions and prayer made in both these petitions are the same.

2. Prayer in T.A. 532/2021 filed by petitioner wife is for transfer of the petition filed by respondent-husband under Section 6 of the Hindu Minority and Guardianship and Ward Act bearing No. GW-88/2020 titled as 'Deepak Baweja vs. Meenakshi Baweja', pending in the Court of Additional Prinicipal Judge, Family Court, Gurugram to a court of competent jurisdiction at Mansa;

In T.A.No.542/2021 again filed by the petitioner wife prayer is for transfer of the petition filed by respondent-husband under Section 13 of the Hindu Marriage Act,1955, bearing case No. 5067 of 2020 titled 'Deepak Baweja v Meenakshi Lalit @ Meenakshi Baweja' pending in the Court of Additional Prinicipal Judge, Family Court, Gurugram to a court of competent jurisdiction at Mansa.

3. It is stated by the learned counsel for the petitioner:

i) that the marriage between the parties was solemnized on 13.4.2012 as per Hindu rites and ceremonies at Gurugram.

ii) that from the said wedlock two children namely Sourish Baweja and Kushaan Baweja were born on 15.1.2013 and 18.8.2017.

iii) that from the beginning of the marriage the petitioner was harassed, abused and subjected to mental and physical torture on account of demand of dowry. In mid 2018 the petitioner was given beatings by the respondent but later on following a Panchayat having been convened in this regard, the matter was settled in August 2018.

iv) that petitioner was again given severe beatings by respondent and his family members in July 2020.

v) that petitioner made a complaint to police u/s 406/498 IPC upon which FIR No.8 dated 11.1.2021 was got registered at PS Women (West) Gurugram against the respondent and his family members.

vi) that subsequently the petitioner alongwith her minor children shifted to Mansa and took admission in B.Ed. course in SS College of Education for Girls at Mansa. It is further submitted that the petitioner has completed her B.Ed., and now preparing for Ph.D., to sustain herself and her minor children.

vii) That both the minor sons were also admitted to JR Millennium School, Nangal Colony, Shahid Bhagat Singh Chowk, Mansa, Punjab and are being single handedly looked after by the petitioner.

viii) that the petitioner has no source of income and for her/