transfer petition by wife is considered on its own merits.
the cases are not transferred just because the defendent wife is a lady.
the following references support this
https://www.498a.org.in/rsrcs_strtgy_TP.html
3. Even otherwise, it must be seen that at one stage this Court was showing leniency to ladies. But since then it has been found that a large number of 6
transfer petitioners are filed by women taking advantage of the leniency shown by this Court. On an average at least 10 to 15 transfer petitions are on board of each court on each admission day. It is, therefore, clear that leniency of this Court is being misused by the women.
4. This Court is now required to consider each petition on its merit. In this case the ground taken by the wife is that she has a small child and that there is nobody to keep her child. The child, in this case, is six years old and there are grandparents available to look after the child. The respondent is willing to pay all expenses for travel and stay of the petitioner and her companion for every visit when the petitioner is required to attend the court at Delhi. Thus, the ground that the petitioner has no source of income is adequately met.
5. Except for stating that her health is not good, no particulars are given. On the ground that she is not able to come to Delhi to attend the Court on a particular date, she can always apply for exemption and her application will undoubtedly be considered on its merit. Hence, no ground for transfer has been made out.”
It is needless to say that if the wife/petitioner has any difficulty in meeting her expenses for attending the Matrimonial Suit concerned, the wife/petitioner will be entitled to make an appropriate application before the learned Trial Court for appropriate directions upon the husband/opposite party for meeting her expenses for attending the said Matrimonial Suit and if such application is made the learned Trial Court will have to 7
decide the same in accordance with law. This Court is of the view that the distance between Khardah and Alipore is not at all a formidable distance and on the days when the wife/petitioner will be required to attend the said Matrimonial Suit, the wife/petitioner will have to make necessary arrangements for taking proper care of her child in case the child has to attend his School on the said days.
Orders under Section 24 C.P.C., seeking transfer of proceedings, should not be made as a general rule but such orders of transfer may be required to be passed in exceptional circumstances only. This Court does not find any merit in the application under Section 24 C.P.C which is dismissed.
ref : https://498amisuse.wordpress.com/2011/08/12/hc-transfer-petition-should-be-allowed-only-in-exceptional-circumstances-wifes-transfer-petition-dismissed/
