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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Deepa Sharma – Appellant
Versus
Rishab Sarswati – Respondent
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
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.
In matrimonial proceedings, the convenience of the wife must be prioritized over that of the husband, especially when considering the transfer of divorce proceedings, taking into account the socio-ec....
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