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1 - 7 of 7 (0.18 seconds)N.C.V. Aishwarya vs A.S.Saravana Karthik Sha on 18 July, 2022
After hearing the counsel for the parties, considering the fact
that if the aforesaid petition is not transferred, the petitioner-wife will have
to bear the litigation expenses and transportation expenses and also in view
of the ratio of law laid down by Hon'ble Supreme Court in Sumita Singh's
case (supra), Rajani Kishor Pardeshi's case (supra) and N.C.V.
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Neutral Citation No:=2023:PHHC:115969
TA-924-2023 (O&M) -4-
Neutral Citation No. 2023:PHHC:115969
Aishwarya's case (supra), this Court deems it appropriate to allow the
present petition, with the following directions:-
Section 24 in The Code of Civil Procedure, 1908 [Entire Act]
Sumita Singh vs Kumar Sanjay And Anr. on 26 February, 2001
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."
Section 125 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 12 in The Protection of Women from Domestic Violence Act, 2005 [Entire Act]
Section 9 in The Hindu Marriage Act, 1955 [Entire Act]
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