The petitioner filed a plea for transferring her case from one District Court to another. The case pending before the Court was of a divorce petition. The reason was the difficulties faced by her in reaching the court, as she lived far away. The court accepted her plea and allowed the same.
Brief Facts of the Case
The petitioner (wife) and the respondent (husband) were living together for more than 10 years. For a long period of time, several indifferences erupted amongst them.
Due to this, peaceful cohabitation failed. The parties then separated, and the wife left to her parents’ house. On said grounds, the husband decided to file for a divorce under section 13 of The Hindu Marriage Act. The petition was filed two years prior.
The petitioner-wife has been residing at her parent’s house since the dispute erupted. She also filed for divorce.
Further, the divorce case is pending in the district court of Solan, Himachal Pradesh (The case pending is “Prashant Bhardwaj versus Poonam Sharma”).
The petitioner filed the petition before the High Court seeking transfer of the case. She sought transfer from the family court of the district of Solan to the district of Shimla.
According to the Petitioner, the distance from her house in Shimla to the Court in Solan is more than 50 km. Lack of connectivity makes it difficult for the Petitioner to attend the proceedings. Due to the non- availability of means of transport, she has difficulty in commuting.
Thus, the petitioner has filed a petition for transfer of her case. The relevant provisions are Sections 22 and 24 of the Code of Civil Procedure.
Arguments before the Court
The petitioner has prayed for the transfer of her case from the Court in Solan to another Court in Shimla.
The court referred to precedents given by the Supreme Court. The Court quoted Sumita Singh v Kumar Sanjay 10 SCC 41. This judgment held that the place of proceedings should be at the convenience of the Wife.
Additionally, the High Court also quoted precedents which deliberated on the present dispute.
In the cases, the Apex Court had adjudicated transfer of marital dispute proceedings. In this regard, there are several instances where the wife stays in her parents’ house. If there is an inconvenience suffered with regards to the proceeding, her convenience is given preference.
The Supreme laid down rules for such transfer cases. One, the balance of convenience of both parties should be considered. Two, the Court should consider issues raised by the parties. Three, the place of trial with regards to the convenience of parties. This rule must also take into account the nature of evidence to be given in the trial.
The High Court took into account these rules. The Court prioritised the convenience of the wife over the husband’s inconvenience.
The court held that the Petitioner’s plea would be given preference. Her plea for the transfer was granted over the husband’s plea. This was as decided in the precedents given by the Supreme Court.
The court stated that in such cases the convenience of the wife would be preferred. This was because the Petitioner was living with her parents, as an effect of the separation.
Thus, the Court allowed the Petitioner’s plea.
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