Seema Azad vs Bishan Dass

Ajay Mohan Goel, J

By way of this petition, which has been filed by the petitioner, a prayer has been made to transfer Divorce Petition No.115 of 2018, titled Bishan Dass Versus Seema Azad, pending before the learned District Judge(II), Solan, to the learned Family Court at Shimla.

The contention of the petitioner is that she is residing at Shimla and she is also looking after two sons of the petitioner and respondent, who are studying at Shimla. According to her, in these circumstances, it is not practically possible for her to attend proceedings of Divorce Petition, which stand filed at Solan, and accordingly, a prayer has been made to transfer the proceedings in issue to Shimla.

Learned counsel for the respondent submits that petitioner has no ground to seek transfer of matter from Solan to Shimla, because matter can easily be defended by the petitioner at Solan and this petition has been filed just to harass the respondent.

Having heard learned counsel for the parties and perused the averments made in the petition, in my considered view, interest of justice demands that divorce proceeding, which have been filed by the present respondent at Solan, be transferred to the learned Family Court at Shimla, for the reason that petitioner happens to be the respondent in the said proceedings and she also happens to be the wife, who is looking after the minor children.

During the course of arguments, learned counsel for the respondent could not refute the fact that there are two children of the parties, i.e., petitioner and the respondent, who are presently residing with the petitioner at Shimla. Further taking into consideration the fact that due to COVID-2019 pandemic, otherwise also, it may not be feasible for the petitioner, who happens to be the wife to defend the proceedings at Solan, especially when she is looking after two minor children, therefore also, this Court is inclined to allow this petition.

Accordingly, this petition is allowed, by ordering transfer of Divorce Petition No.115 of 2018, titled as Bishan Dass Versus Seema Azad, pending before the learned District Judge(II) Solan to learned Family Court at Shimla. Petition stands disposed of in the above terms.