Case Note & Summary
The applicant-wife, Trishala Vaibhav Jain, filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Hindu Marriage Petition No.24 of 2021 filed by the respondent-husband, Vaibhav Manoj Jain, for dissolution of marriage, from the Family Court at Alibaug to the Family Court at Pune. The marriage was solemnized on 5th December 2017 at Lonawala, Pune, as per Jain customs. The wife alleged that after a few days of marriage, the husband and his mother subjected her to cruelty and threw her out of the matrimonial home, forcing her to stay with her parents at Daund. She submitted that she was a graduate but unemployed, with no source of income, and was dependent on her elderly parents who had only marginal income from agriculture. She argued that traveling from Daund to Alibaug, a distance of 223 km one way, was inconvenient and caused undue hardship, and she had no one to accompany her. She sought transfer to Pune, which was 60-70 km from her residence and 150 km from the husband's residence in Alibaug. The husband opposed the transfer, contending that despite attempts at settlement, the wife was adamant and cohabitation was unlikely. He argued that he resided in Alibaug with his 56-year-old mother who had health issues and was on bed rest, and that she would need to be examined as a witness. He also claimed that the wife had a brother who could accompany her. The court, after considering the submissions, held that the wife's hardship was genuine as she was unemployed and dependent on her parents, while the husband had multiple sources of income and could travel. The court noted that the distance from the wife's residence to Alibaug was 223 km, whereas to Pune it was only 60-70 km, and the husband would have to travel 150 km to Pune, which was not unduly burdensome given his resources. The court allowed the application and directed the transfer of the petition from the Family Court at Alibaug to the Family Court at Pune, with the condition that the husband could seek exemption from personal appearance if needed.
Headnote
A) Family Law - Transfer of Matrimonial Proceedings - Section 24 Code of Civil Procedure, 1908 - Section 19 Hindu Marriage Act, 1955 - Wife's Convenience - The wife sought transfer of divorce petition from Alibaug to Pune, citing distance of 223 km one way, lack of income, and dependence on elderly parents. The husband opposed citing his mother's health and his residence in Alibaug. The court allowed transfer, holding that the wife's hardship outweighed the husband's inconvenience, especially as the husband had better resources to travel. (Paras 1-7) B) Family Law - Transfer of Matrimonial Proceedings - Section 24 Code of Civil Procedure, 1908 - Section 19 Hindu Marriage Act, 1955 - Balance of Convenience - The court considered that the wife was unemployed, had no income, and lived with her elderly parents, while the husband had multiple businesses and could travel. The court held that the balance of convenience was in favor of the wife, and the transfer would not cause undue hardship to the husband. (Paras 5-7)
Issue of Consideration
Whether the Hindu Marriage Petition pending before the Family Court at Alibaug should be transferred to the Family Court at Pune on the ground of inconvenience and hardship to the wife.
Final Decision
The application is allowed. Hindu Marriage Petition No.24 of 2021 pending before the Family Court at Alibaug is transferred to the Family Court at Pune. The husband may seek exemption from personal appearance if required.
Law Points
- Transfer of matrimonial proceedings
- convenience of wife
- hardship
- Section 24 CPC
- Section 19 Hindu Marriage Act
