In matrimonial proceedings, the balance of convenience heavily favors the wife, especially when she lacks independent financial means and has a minor child; therefore, transfer of proceedings is granted to ensure she can access justice without undue hardship.

Romesh Verma, Judge (oral)

The present petition has been filed by the petitioner seeking for the transfer of Petition No. 44 of 2024 titled Navneet Sharma vs. Neha Sharma, pending in the Court of learned Additional District Judge (Family Court), Joginder Nagar, District Mandi, H.P. to the Court of learned Principal Judge (Family Court), Shimla, District Shimla, HP.

2. It has been contended in the petition that the parties have solemnized the marriage on 24/25.05.2021 at Kalar, PO Bhaderwar, Tehsil Sarkaghat, District Mandi, H.P. and out of the wedlock there is one Son Master Avyukt Sharma, born on 26.06.2023. After the birth of the child the relation between the parties started deteriorating on the one pretext or the other. Though, with the intervention of the family members the matter was temporarily reconciled between the parties, however, behavior of the respondent and his family members was abusive, erratic, cruel and insulting. It has been contended in the petition that on account of the behavior of the present respondent the petitioner was forced to left his company and to shift to her parents home, who are residing at Vikas Nagar, Shimla, H.P.

3. The present respondent filed a petition No. 44/2024/HMA against the present petitioner before the Court of learned Additional District Judge (Family Court), Joginder Nagar, District Mandi, H.P., which is pending for adjudication. It is stated that the present petitioner also filed a petition against the present respondent before the learned District Judge (Family Court), Shimla, H.P. seeking dissolution of marriage on the grounds of cruelty and desertion. It is the case of the petitioner that the respondent is doing a private job at Chandigarh having a monthly earning of Rs 70,000/- and apart from that he is also earning handsomely from the landed property.

4. It is the case of the petitioner that since the distance between Shimla and Joginder Nagar is more than 150 k.m., Therefore, it will be very difficult to the present petitioner to travel at such a long distance. The petitioner submits that the child of the parties is residing with the present petitioner and it is very difficult to go alone to Joginder Nagar to attend each and every proceedings which has been instituted by the present respondent under the provision of Section 9 of the Hindu Marriage Act. before learned Additional District Judge (Family Court), Joginder Nagar, Mandi, H.P. There is none to look after the minor child of the petitioner as the parents of the petitioner are old and ailing. Therefore, a prayer has made for the transfer of the petition filed by the present respondent before the learned Additional District Judge (Family Court), Joginder Nagar to the Court of learned Principal Judge (Family Court), Shimla, HP.

5. This Court issued notices to the respondent on 21.07.2025 and thereafter, Neha Sharma with Navneet Sharma has put in appearance on 08.09.2025. Thereafter, as per report of the Registry Ms. Urvashi Rajta, Advocate filed power of attorney and the same is placed in the B part of the present proceedings. Reply on behalf of the respondent has been filed by Ms. Ayushi Sharma, in which all the averments as made in the petition are refuted and the respondent has sought the dismissal of the present proceedings .

6. It is contended by Mr. Ajay Sharma, learned counsel for the petitioner that the distance between Joginder Nagar and Shimla is more than 150 k.m. , therefore, it would not be safe and appropriate to the petitioner to travel to such a long distance. Keeping in view the fact that the son of the parties is only three years old. It has been averred that apa