SONIKA Vs. SOURABH KUMAR

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India and under Section 24 read with Section 151 of the Code of Civil Procedure has been preferred on behalf of the petitioner-wife seeking transfer of the petition i.e. H.M.A. No. 327/2016 titled as 'Sourabh Kumar versus Sonika' from the Court of learned Additional District Judge-I, Kangra at Dharamshala to the Court of learned Additional District Judge, holding Circuit Court at Dehra, District Kangra, H.P.

(2.) Undisputed facts of the case are that the marriage between the parties was solemnized on 14.10.2015 at Village Haripur in accordance with the Hindu Rites and Customs. After marriage, petitioner and respondent lived as husband and wife for a period of about 5 months and thereafter the petitioner was compelled to leave the matrimonial house and, therefore, she had not other alternative but to live in the house of her parents.

(3.) In Sumita Singh versus Kumar Sanjay and another, 2001 10 SCC 41, it was held by the Hon'ble Supreme Court that in a case where the wife seeks transfer of the petition, then as against husband's convenience, it is the wife's convenience which must be looked at.