Wife’s inconvenience is to be considered over and above the convenience of husband in a transfer petition

Himachal Pradesh High Court: A Single Judge Bench comprising of Tarlok Singh Chauhan, J., allowed a petition filed under Article 227 of the Constitution and Section 24 CPC filed on behalf of the petitioner-wife for transfer of the case; considering the inconvenience caused to her.

The case related to a marriage dispute between the petitioner-wife and the respondent-husband. The wife filed the present petition for transfer of the case filed by the husband for divorce, from the Court of District Judge at Mandi to the Court of District Judge at Kullu; on the ground that the petitioner had very limited source of income and she was residing with her parents at Kullu. Thus, she was not in a position to attend the Court at Mandi.

Relying on various decisions of the Supreme Court, the High Court held that,

“the broad consensus that emerges is that in dispute of the present kind where the petitioner is residing at her parental house at Kullu, it is her convenience that is required to be considered over and above the inconvenience of the husband, who is stated to be working as plumber”.

Accordingly, the petition was allowed and the above-mentioned case pending adjudication before District Judge at Mandi was transferred to the Court of District Judge at Kullu. [Dharmi Devi v. Manohar Lal, 2018 SCC OnLine HP 402, order dated 9.4.2018]

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