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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Deepa Sharma – Appellant
Versus
Rishab Sarswati – Respondent
| Table of Content |
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| 1. wife's inconvenience from distance, minor child, financial hardship. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. examine transfer sans merits; respondent opposes on conduct. (Para 7 , 8) |
| 3. precedents prioritize wife's convenience in matrimonial transfers. (Para 9) |
| 4. facts warrant transfer considering residence, child, finances. (Para 10) |
| 5. prior rulings support wife's transfer requests. (Para 11 , 12) |
| 6. respondent's precedents held inapplicable. (Para 13) |
| 7. divorce proceedings transferred to mandi family court. (Para 14 , 15 , 16) |
The petitioner has approached this Court for transfer of the petition filed for grant of decree of divorce on the ground of adultery and cruelty under Section 13(1) (ia) & (ib) of Hindu Marriage Act, 1955 in HMA No. 354 of 2023, titled Rishab Sarswati vs. Deepa Sharma & another, before Family Court, District Shimla H.P. to Family Court, District Mandi, H.P.
2. The copy of the divorce petition has been appended by learned counsel for the petitioner. It is contended by learned counsel for the petitioner that the present petitioner was proceeded ex-parte in those proceedings. However, subsequently on coming to know about passin
In matrimonial transfer petitions, wife's convenience prevails due to distance, minor child care, financial constraints without spousal support, prioritizing balance of convenience and justice.
In transfer applications, the convenience of the wife is to be preferred over the convenience of the husband, especially when the wife has no source of income and is residing with her parents.
The court established that in transfer applications, the convenience of the female litigant is paramount, especially when she has caregiving responsibilities.
The court emphasized that personal hardships of the wife must be considered in transfer petitions related to matrimonial disputes.
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