Romesh Verma, Judge(oral)

The petition has been filed by the petitioner/wife for the transfer of the divorce proceedings, filed under the provisions of Section 13(1) (ia) of the Hindu Marriage Act, 1955 by the respondent/husband in the Court Learned Principal Judge [Family Court], Chamba, District Chamba, HP, to Principal Judge [Family Court] Nalagarh, District Solan, H.P.

2. As per the averments as made in the petition, it has been stated that the petitioner is the legally wedded wife of respondent No.1. She had filed petition under Sections 12 and 18 of the Protection of Women from Domestic Violence Act, 2005. The said petition is pending in the Court of learned Principal Judge [Family Court], Chamba, District Chamba, HP. One another petition under Section 125 of Code of Criminal Procedure for grant of maintenance is pending in the Court of learned Principal Judge [Family Court], Chamba, District Chamba, HP In counter blaster to the said proceedings, the respondent filed a petition under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 for the grant of divorce on the ground of cruelty. It has been stated in the petition that immediately after the marriage the relation between the parties remain strained.

3. The instant petition has been filed for the transfer of the divorce petition bearing registration No. 32 of 2023 dated 22.02.2023. It has been stated that petitioner is a qualified woman and she has been harassed by the respondent. She has no independent source of income and recently she has got a private job in Chandigarh. She wants to become self dependent, so that she may be able to live her life with dignity and self-honour. She has stated that on account of her temporary job in Chandigarh, she is not in a position to take leave so frequently to attend her cases at a far flung area of District Chamba, HP. Due to the financial and other constraints, she is not in a position to travel to such a considerable distance, which is more than 300 kms. Since the petitioner is staying alone at Chandigarh on account of her job, she has got no support either from respondent or from his parents and it is very unsafe for a single lady to travel from Chandigarh to Chamba for each and every hearing. Under such circumstances, the present petition has been filed for transfer of the divorce petition from the Court of learned Principal Judge [Family Court], Chamba, District Chamba, HP to learned Principal Judge [Family Court] Nalagarh, District Solan, H.P. Though, in the petition prayer has been made for the transfer of three cases, one petition under Sections 12 & 18 of the Domestic Violence Act, and another case under Section 125 of Cr. P.C., however, it has been stated by the learned counsel for the petitioner that in the present petition he shall restrict his claim only qua the transfer of divorce proceedings. For the transfer of other cases, petitioner shall take recourse to law separately.

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

5. Upon issuance of notice, Mr. Nimish Gupta, learned counsel appeared for the respondent and he has opposed the said prayer of the petitioner. He 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.

6. 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 vs. 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.

6(i