Parshotma Devi vs Damodar Singh

Bipin Chander Negi, J

The present petition has been filed, seeking the following substantive relief:-

a) Transfer HMA Filing No. 131/2022, Registration No. 37/2022, dated 23.05.2022, pending before the learned District Judge, Family Court, Shimla, Camp at Rohru to learned Family Court at Theog in Shimla or any suitable Family Court at Shimla.

No reply is intended to be filed on behalf of the respondent.

The marriage inter-se the petitioner and the respondent is admitted. The respondent has filed a divorce petition before the District Judge, Family Court, Shimla, Camp at Rohru, under Section 13(1) of the Hindu Marriage Act, 1955.

The contention of he petitioner is that presently she is residing with her father at Shimla. The same is evident from paragraph No. 1 of the petition. From the affidavit filed in support of the petiti n, it is evident that the petitioner is not gainfully employed and hence is totally dependent for her sustenance on her parents.

It is a settled principle of law that in a case where the wife seeks transfer of the petition, then as against husband’s convenience, it is the wife’s convenience that must be looked at. In this respect, a reference can be made to 2016 Latest HLJ (HP) 925, titled as Urvashi Rana Vs Himanshu Nayyar.

This Court can not also lose sight of the fact that the petitioner would unnecessarily be made to spend huge sum of money on transportation, as she being respondent in the petition in the Court below initiated at the behest of the respondent (Husband), would always be under an obligation to attend the Court at Rohru.

Other than the aforesaid, in Civil Appeal No.4894 of 2022 [arising out of SLP(C) No(s).16465 of 2021], titled as N.C.V. Aishwarya versus A.S. Saravana Karthik Sha, the Hon’ble Supreme C urt has outlined the cardinal principles for considering prayer for transfer of proceedings, from one Cou t-place to another, in matrimonial matters in the following terms.

“7. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.

Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions.”

In view of the aforesaid facts and attending circumstances of the case and in view of the law enunciated by the Apex Court, present petiti n is all wed. The case pending before learned Dist ict and Sessions Judge, Family Court, Shimla, Camp at Roh u, bearing case No. 37/2022, dated 23.05.2022, is rdered to be transferred to the Court of learned Family C urt, Shimla.

The parties are directed to appear before the Family Court Shimla on 19.11.2025.

In view of above terms, present petition stands disposed of, so also, the pending miscellaneous application(s), if any.