Convenience of wife must be considered while considering case transfer petitions: Himachal Pradesh High Court

The Himachal Pradesh High Court recently observed that the convenience of the wife needs to be considered while considering the transfer petitions in the matrimonial proceedings and other like proceedings.

The bench of Justice Sandeep Sharma observed, 

“This Court has no hesitation to conclude that in the matrimonial proceedings and other like proceedings, which are the outcome of matrimonial discord, it is the convenience of the wife, which is required to be taken into consideration by the Court while considering the prayer, if any, made for transfer of the case.”

A woman approached the high court praying to transfer the divorce proceedings from Family Court Kullu camp at Manali to Family Court, Sundernagar, on the ground that it was very difficult for her, who was residing at Sundernagar to attend the case at Manali. It was further averred in the petition that the respondent (her husband) an able-bodied person, had enough resources to prosecute the case at Sundernagar.

Court relied on the judgment given in Sumita Singh versus Kumar Sanjay and another (2001) 10 SCC 41, wherein it was held by the Hon’ble Supreme Court that in a case where the wife seeks transfer of the petition, then as against husband’s convenience, it is the wife’s convenience which must be looked at.

Court noted that in dispute of the present kind where the petitioner was compelled to reside at her parental house on account of matrimonial dispute, it is the convenience of the petitioner, which is required to be considered over and above the inconvenience of the husband.

In view of the above, the petition was allowed.

Case Title: Geeta Devi v. Mohan Lal