P&H: Refuses to transfer husband’s divorce case at wife’s request, says no exceptional hardship shown.

punjab-haryana
⚖️ Order Date: 29 May 2026
Headnotes

Civil Procedure Code, 1908, S.24, Hindu Marriage Act, 1955, S.13 — Transfer of divorce petition — Wife sought transfer of husband’s divorce petition from Family Court, Rewari to Bhiwani on the grounds of matrimonial discord, pendency of her cases at Bhiwani, lack of income and apprehended...

Civil Procedure Code, 1908, S.24, Hindu Marriage Act, 1955, S.13 — Transfer of divorce petition — Mere pendency of litigations initiated by wife namely execution petitions, maintenance enhancement proceedings, FIR and domestic violence complaint, did not justify transfer of husband’s petition - Said litigations were started by...

Civil Procedure Code, 1908, S.24, Hindu Marriage Act, 1955, S.13 — Transfer of divorce petition — No physical disability, no child from wedlock, and no onerous responsibility preventing travel of about 103 kilometres one way were shown by wife - Court concluded that wife had failed to...

Civil Procedure Code, 1908, S.24 -- Transfer of matrimonial case —  Although preponderance of law in transfer matters arising out of matrimonial disputes is in favour of wife, but each case must be decided on its own facts and relief may be refused in appropriate cases. (Para...

 


Facts of the Case

P&H: Refuses to transfer husband’s divorce case at wife’s request, says no exceptional hardship shown.

 

High Court has dismissed a wife’s plea seeking transfer of her husband’s divorce petition holding that she had not shown any compelling hardship to justify shifting the case.

Court was hearing a petition under Section 24 of the Code of Civil Procedure . She wanted the husband’s divorce case under Section 13 of the Hindu Marriage Act, pending before the Family Court at Rewari, to be transferred to Bhiwani.

Wife argued that she was married in 2011, had been living separately from her husband since 2012, had no source of income, and feared mischief from her husband and his...

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