P&H: Wife’s Convenience Not Automatic Ground For Transfer Case; 130 Km Distance Not Sufficient

punjab-haryana
⚖️ Order Date: 14 May 2026
Headnotes

Civil Procedure Code, 1908, S.24, Hindu Marriage Act, 1955, S.13 — Transfer of matrimonial proceedings — Convenience of wife — Convenience of the wife ordinarily deserves due consideration in transfer petitions arising out of matrimonial disputes, but such consideration cannot be applied mechanically and each...

Civil Procedure Code, 1908, S.24, Hindu Marriage Act, 1955, S.13 — Transfer — Husband serving in the Air Force and visits Rohtak on leave to attend to aged parents, applicant made only general assertions of inconvenience and did not bring on record any exceptional or...

Civil Procedure Code, 1908, S.24, Hindu Marriage Act, 1955, S.13 — Transfer of matrimonial proceedings — Safety — Though wife submitted that there is no male member available to accompany her, contention stands disputed as wife's father is serving as an Assistant Sub Inspector in the Police Department...


Facts of the Case

P&H: Wife’s Convenience Not Automatic Ground For Transfer Case; 130 Km Distance Not Sufficient

The Punjab and Haryana High Court has dismissed a wife’s plea to transfer her husband’s divorce case from Rohtak to Kaithal, holding that while a wife’s convenience is ordinarily considered in matrimonial transfer petitions, it cannot be applied mechanically without showing exceptional hardship.

Hearing transfer application filed by wife seeking shifting of her husband, Section 13 Hindu Marriage Act petition from the Family Court at Rohtak to a competent court at Kaithal. Wife claimed she was living with her single mother at Kaithal, was unemployed, and found it unsafe to travel about 130 km each way without male escort. She also...

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