Neha Thakur @ Neha v. Neeraj










 
  



    

 



  
   


 




  



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. '+,/     has sought transfer of the petition filed under Section 9 of the Hindu Marriage Act bearing HMA No.1003 of 2022 filed by the respondent/husband pending in the Court of Addl. Principal Judge, Family Court, Ambala, to a court of competent jurisdiction at Jind. Learned counsel for the applicant submits tha $   ' $   '((     ) 





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   ajani Kishor Pardeshivs Kishor Babulal Pardeshi, 2005(12) SCC 237, to submit that the Courts are required to give more weightage and consideration to the convenience of the female litigants.

  Heard.

I intend to dispose of this matter without issuance of notice to the respondent at this stage as otherwise further proceedings before the trial Court would have to be stayed and the applicant/wife would have to bear the litigation and transportation expenses. The applicant/wife is stated to be residing at Jind with her parents. She does not have any independent source of income. It would be difficult for her to travel to Ambala which is at a distance of 140 kms. from Jind. Therefore, it would be appropriate to transfer the petition from the Family Court, Ambala, to a court of competent jurisdiction at Jind. The concerned Court (Jind) will make endeavour to refer the case for Mediation for exploring the possibility of an amicable settlement between the parties.

The Coordinate Benches of this Court in the cases of Rohini Arora vs. Nitin Talwar, bearing TA No. 1315/2022, Jaswinder Kaur vs. Gurvinderjeet Singh bearing TA No. 1322 of 2022 and Usha Rani vs. Karmajit Singh bearin$5%

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  Consequently, the petition is allowed and HMA No.1003 of 2022 filed by the respondent/husband
pending in the Court of Addl. Principal Judge, Family Court, Ambala would be transferred to a court of competent jurisdiction at Jind. It is directed to send a copy of this order to the respondent through registered post, besides sending a copy of this order to the District Judges concerned through e-mail. The applicant/wife through her counsel is directed to ensure her appearance accordingly.

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