In matrimonial transfer petitions, the convenience of the wife, including factors like travel distance, financial independence, and care of dependent children, is the prime consideration to ensure a fair trial and the interest of justice.

The instant petition has been filed by the petitioner/wife for the transfer of the petition bearing HMA Reg. No. 175 of 2025, titled as Tej Ram vs. Poonam Kumari, filed by the respondent/husband before the Court of learned Additional District Judge [Family Court]-Kullu, District Kullu, HP to the Court of learned Additional District Judge, Shimla-II [Family Court], Camp at Theog, District Shimla, H.P. HP.

2. As per the averments made in the petition, respondent has filed a petition for dissolution of marriage by grant of decree for divorce under Section 13-1(i-b) of the Hindu Marriage Act, 1955 and the same was registered as Registration No. 175 of 2025, titled Tej Ram vs. Poonam Kumari, which is presently pending before the Court of learned Additional District Judge, (Family Court), Kullu, District Kullu, H.P.

3. It is averred in the petition that the marriage between the parties was solemnized on 14.01.2013 and out of said wedlock, one minor son named Priyansh was born on 21.06.2016. The minor child is living under the care and custody of the petitioner at Theog. The minor son is studying in the 5th standard at Himalayan Public School, Theog and the petitioner is solely responsible for his schooling and management.

4. It has further been stated that the petitioner resides at Kuthiala Building, Premghat, Theog, P.O. and Tehsil Theog, District Shimla, H.P. The respondent has filed a divorce petition in the Family Court at Kullu, which is located at a distance of more than 220 kms from Theog. Consequently, it is extremely difficult for the petitioner to attend each and every hearing at such a distant location.

5. The petitioner has no independent source of income. Despite the initiation of maintenance proceedings by her against the respondent and subsequently passing of maintenance order of Rs. 6,000/- per month, the respondent has failed to pay the said maintenance amount to the petitioner and is currently in arrears of more than Rs. 2,42,000/-. Furthermore, despite the filing of an execution petition for the recovery of interim maintenance, the respondent has completely failed to comply with the orders of the Court.

6. The petitioner belongs to weaker section of society. Therefore, it has been contended that it is very difficult for her to travel from Theog to Kullu at every date of hearing.

7. Upon issuance of notice, Mr. A.S.Rana, learned counsel appeared for the respondent. He has opposed the said prayer of the petitioner. He submits that the petitioner is not financially weak lady and there is no impediment of her joining the proceedings at Family Court Kullu.

8. I have heard the learned counsel for the parties.

9. The present petition is primarily for the transfer of the proceedings initiated by the respondent under Section 13-1 (i-b) of Hindu Marriage Act. Therefore, without touching merits of the case, this Court shall proceed further to examine whether the prayer of the petitioner can be accepted.

10. 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.

11. In Soma Choudhury v. Gourab Choudhaury (200