HP HC | In matrimonial discord, convenience of wife is considered during transfer of case

Himachal Pradesh High Court: Sandeep Sharma, J. dismissed the petition favoring the wife and allowing her prayer to transfer the application.

The facts of the case are that the marriage between the petitioner and the respondent was solemnized but they were unable to live together for long on account of certain differences pertaining to which husband filed petition under Section 13 of the Hindu Marriage Act in Solan seeking dissolution of marriage pending in the Court of Additional District Judge (II), Solan, District Solan, H.P. Hence the instant petition was filed under Sections 22 and 24 of the Code of Civil Procedure to transfer the proceedings from Solan, to the Court of District and Sessions Judge (Family Court) Shimla, H.P., on grounds of inconvenience, insufficiency of means, compulsive litigation and on the ground that the distance between Shimla and Solan is more than 50 KMs and it is difficult for her to attend the Court regularly.

The petitioner was represented by counsel Ravinder Singh Jaswal and the respondent was represented by counsel Rakesh Kumar Thakur.

On hearing the arguments of both sides the Court relied on the judgment titled Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi, (2005) 12 SCC 237 observed that in a case seeking transfer of the case at the instance of the wife convenience of wife was the prime consideration.

In view of the above, the petition was allowed. [Poonam Sharma v. Prashant Bhardwaj, 2020 SCC OnLine HP 919 , decided on 08-07-2020]

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