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2023 Supreme(P&H) 714

ARVIND SINGH SANGWAN
Meena – Appellant
Versus
Kaluram – Respondent


Advocates appeared:
Mr. Rajesh Gupta, Advocate for the petitioner.

ARVIND SINGH SANGWAN, J.

1. Prayer in this petition is for transfer of the petition filed by the respondent-husband under Section 13-A of the Hindu Marriage Act, 1955, pending before the Family Court, Karnal to the competent Court of jurisdiction at Sonepat.

2. Learned counsel for the petitioner has argued that two minor daughters and one minor son are residing in the care and custody of the petitioner and the petitioner, on account of a matrimonial discord, has filed a petition under Section 125 Cr.P.C. at Sonepat, which is pending. It is further submitted that the respondent-husband has filed the present petition under Section 13-A of the Hindu Marriage Act at Karnal in order to harass the petitioner. It is further submitted that the petitioner is facing great difficulty in prosecuting the said case, as there is a distance of about 83 Kms between the aforesaid two places.

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 considera

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