Proceedings under Section 13 of Hindu Marriage Act transferred considering convenience of the wife

Bail Application

Himachal Pradesh High Court: A Single Judge Bench comprising of Ajay Mohan Goel, J. allowed the matrimonial proceedings to be transferred from the Court of Additional District Judge at Amb to the Court of Additional District Judge at Dehra.

Proceedings under Section 13 (1), (1-a) and (1-b) of the Hindu Marriage Act, 1955 were pending against the petitioner before the said Court at Amb. She prayed for transfer of proceedings to Circuit Court at Dehra as she was presently serving as an Assistant Professor (Economics) at the Government College, Kangra. Also, she had a minor school going daughter who was residing with her. According to her, it was difficult to contest the case at Amb.

Having gone through the averments made in the petition, the High Court was of the view that transferring the said proceedings from Amb to Dehra would be in the interest of justice. The Court relied on a Supreme Court decision in Sumita Singh v. Kumar Sanjay, (2001) 10 SCC 41, wherein it was held, “in matrimonial proceedings, it is the wife’s convenience which must be looked into.” While delivering the judgment, the High Court was alive to the fact that such applications are not to be allowed in each and every case; however, in the facts and circumstances of the instant case, the Court transferred the proceedings pending against the wife under Section 13 of Hindu Marriage Act from the Courts at Amb to Dehra. The petition was accordingly allowed. [Monika Sharma v. Manish Kumar, 2018 SCC OnLine HP 631, dated 24-05-2018]

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