The Punjab and Haryana High Court has dismissed a woman's plea seeking the transfer of a matrimonial case, ruling that a spouse who is professionally active cannot simply claim inconvenience for a three-hour journey to attend court proceedings. The decision was reported by LiveLaw.
Court's Observation on Professional Spouse
Justice Nidhi Gupta rejected the petition filed by the wife, who sought to shift divorce proceedings from Amritsar to Hoshiarpur on grounds of inconvenience. The court emphasized that transfer of cases cannot be granted merely based on convenience claims without proper justification.
Background of the Case
The matter originated from a divorce case filed by the husband, with proceedings pending before a court in Amritsar. The wife approached the high court requesting the case be transferred to Hoshiarpur, citing difficulty in traveling. She argued that attending proceedings at the current venue was inconvenient and sought relief.
High Court's Reasoning
While considering the plea, the high court examined the circumstances of both parties, including the wife's professional status. The court noted that the petitioner was engaged in professional activities and found insufficient facts to support her claim of being incapable of traveling for court proceedings.
The bench observed that while courts do consider the convenience of parties, particularly in matrimonial disputes, such requests cannot be allowed automatically. A transfer requires valid and convincing reasons.
Emphasis on Careful Exercise of Transfer Jurisdiction
The high court emphasized that transfer jurisdiction must be exercised carefully and cannot become a routine measure whenever one party finds the existing court location inconvenient. Finding no strong ground for shifting the case, the Punjab and Haryana High Court dismissed the wife's transfer petition and allowed the proceedings to continue before the court in Amritsar.
