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.

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 passing of the said order, an application under Order 9 Rule 13 of CPC for setting aside the ex-parte order has been preferred and said application is still pending for its adjudication.

3. The petitioner has averred that she is currently living at Joginder Nagar alongwith her daughter Garvika Saraswati, who is studying at Mount Mourya International School, Joginder Nagar, District Mandi, H.P. and School certificate of daughter Garvika has been enclosed with the petition as Annexure P-2.

4. It has been averred in the petition that the daughter of the parties is only 6 years old. That distance between Joginder Nagar and Shimla is more than 200 k.m. and it would not be convenient for the petitioner to pursue the petition for divorce, which has been filed by the respondent in Family Court, Shimla.

5. It has been averred that apart from the inconvenience on account of distance, if divorce petition is not transferred, in that event, the petitioner would not be able to meet the expenses as the petitioner is already bearing the entire expenses of daughter Garvika and no financial or emotional support is there from the respondent to the petitioner. It has been further averred that being a female, it is very difficult and inconvenient for her to travel alone frequently 200 k.m. distance.

6. Therefore, under such circumstances, the present petitioner has preferred this petition for the transfer of the divorce petition from Family Court, District Shimla H.P. to Family Court, District Mandi, H.P.

7. The present petition is primarily for the transfer of the divorce proceedings. Therefore, without touching the merits of the case, this Court shall proceed further to examine whether the prayer of the petitioner can be accepted.

8. Upon issuance of notice, Ms. Poonam Gehlot, learned counsel appeared for the respondent and she has vehemently opposed the said prayer of the petitioner. She has submitted that keeping in view the conduct of the present petitioner, no relief can be granted to her and the averments as made in the petition are imaginary and incorrect.

9. While dealing with the issue of transfer of proceedings from one court to another in matrimonial matters, the convenience of wife is to be preferred over the convenience of husband, in terms of the mandate of the Hon’ble Supreme Court in Sumita Singh v. 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.

9(i) In Soma Choudhury v. Gourab Choudhaury (2004) 13 SCC 462, it was held by the Hon’ble Supreme Court that once the wife alleges that she has no source of income, whatsoever and was entirely dependent upon her father, who was