Amita Shah v. Virender Lal Shah .

Factual and Procedural Background

This order concerns a transfer petition filed by the wife seeking transfer of a divorce petition instituted by her husband. The husband filed Divorce Petition HMA No. 573 of 2000 in the District Court at Delhi, where he is presently residing. The wife sought transfer of that divorce proceeding from the District Court, Delhi to the District Court, Chamoli (Gopeshwar, District Chamoli, Garhwal, Uttaranchal).

The wife stated that she works as a teacher in Chamoli and that the parties' three-year-old child resides with her. She also asserted that travel between Chamoli and Delhi takes about 13 to 14 hours, she has no one to accompany her, and she has no place to stay in Delhi. The defence position was that, if a transfer were to be ordered, it should be to a location in between (such as Nainital or Almora) rather than to Chamoli.

Legal Issues Presented

1. Whether the divorce petition pending in the District Court, Delhi should be transferred to the District Court at Chamoli at the wife’s request, having regard to the convenience of the wife and the minor child.

Arguments of the Parties

Petitioner (Wife)'s Contentions

• She is employed as a teacher in Chamoli.
• The three-year-old child of the marriage resides with her.
• Travel between Chamoli and Delhi takes approximately 13 to 14 hours.
• She has no one to accompany her for travel to Delhi.
• She has no place to stay in Delhi.
• Accordingly, the divorce petition should be transferred from Delhi to Chamoli.

Respondent/Defence Position

• The transfer, if granted, should not be to Chamoli but to an intermediate place such as Nainital or Almora.
• The husband filed the divorce petition in Delhi, where he is presently residing.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court noted that the divorce petition had been filed by the husband at Delhi, where he is presently residing. In deciding the transfer request, the court emphasized that the convenience of the wife—and more particularly, the convenience of the minor child of the marriage—must be taken into account.

On the facts presented (including the wife’s employment in Chamoli, the three-year-old child residing with her, and the practical difficulties of a 13 to 14 hour journey, lack of accompaniment, and lack of accommodation in Delhi), the court concluded that the circumstances warranted allowing the transfer petition.

Holding and Implications

TRANSFER GRANTED (MADE ABSOLUTE). Divorce Petition HMA No. 573 of 2000 pending before the Additional District Judge, Delhi was ordered to stand transferred to the Court of the District Judge, District Courts, Gopeshwar, District Chamoli, Garhwal, Uttaranchal.

Costs: No order as to costs.

The direct effect of the order is that the divorce proceedings will continue before the transferee court at Gopeshwar (District Chamoli) rather than in Delhi. The order indicates that the court prioritized the convenience of the wife and especially the minor child; no broader legal implications or new precedent are stated in the opinion.