Case Note & Summary
The applicant wife, Devika Dhiraj Patil, filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of divorce proceedings initiated by her husband, Dhiraj Sunil Patil, from the Family Court at Nashik to the Family Court at Pune. The marriage was solemnized on 21st February 2019 at Nashik, and no children were born. Due to matrimonial discord, the wife left the matrimonial home on 29th October 2022 and was dropped by the husband at her parents' house in Pune, with an assurance to bring her back within a week. On 23rd February 2023, the husband filed a divorce petition under Section 13(i)(a) of the Hindu Marriage Act, 1955, at Nashik without the wife's knowledge. The wife learned of the petition on 6th April 2023 when the husband's cousin brought her belongings. She issued a notice on 18th April 2023 alleging matrimonial wrongs and expressing willingness for mutual divorce with conditions. The husband replied on 6th May 2023. The wife, residing in Pune, argued that she cannot travel alone to Nashik for court proceedings as her father, the only male escort, is aged and has undergone eye surgery and requires another surgery. The court considered the settled law that the convenience of the wife, especially a lady litigant, is paramount in transfer matters. The husband opposed the transfer, claiming the wife had previously traveled to Nashik and that the distance is only 200 km. The court held that the balance of convenience is in favor of the wife, as she is a lady litigant residing with her parents in Pune, and her father's health issues prevent him from accompanying her. The court allowed the transfer, directing the Family Court at Nashik to transfer the divorce petition to the Family Court at Pune, and the Family Court at Pune to dispose of the petition expeditiously.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 CPC - Convenience of Wife - The court considered the wife's application for transfer of divorce proceedings from Nashik to Pune, emphasizing the convenience of the wife as a lady litigant who cannot travel alone due to her father's health issues. Held that the balance of convenience is in favor of the wife, and the petition is allowed (Paras 1-8).
Issue of Consideration
Whether the divorce petition filed by the husband at Nashik should be transferred to Pune for the convenience of the wife, who is a lady litigant residing with her parents in Pune.
Final Decision
The court allowed the application, directing the Family Court at Nashik to transfer the divorce petition (P.A. No. 131 of 2023) to the Family Court at Pune, and the Family Court at Pune to dispose of the petition expeditiously.
Law Points
- Transfer of proceedings
- convenience of wife
- lady litigant
- Section 24 CPC
- Section 13(i)(a) Hindu Marriage Act
