DEEPA KUMARI Vs. ASHWANI K. LAL

JUDGEMENT

(1.) By means of this petition the petitioner seeks transfer of the divorce petition No. 21-S/3 of 2009 titled as Ashwani K. Lal Vs. Deepa Kumari Chauhan from the Court of Additional District Judge (Fast Track) Court, Shimla to any court of competent jurisdiction in District Kangra.

(2.) The only ground for seeking transfer is that the petitioner is residing with her father in village Bir which is at a distance of 220 kms. from Shimla. It is also alleged that the petitioner is not working and does not have sufficient means to travel to Shimla.

(3.) This petition has been opposed by the respondent husband. Learned counsel for the petitioner relies upon the observations made by the Apex Court in Sumita Singh Vs. Kumar Sanjay and another, AIR 2002 SC 396 , wherein it has been held that in the husband’s suit against the wife, the wife’s convenience must be looked into. In my view the said observations have to be read in the light of the facts of that case wherein the husband had filed the proceedings at Ara in Bhojpur District which was at a distance of more than 1100 kms. from Delhi. It was in such circumstances that the case was transferred.