Case Note & Summary
The applicant-wife, Mrs. Priyanka Rahul Patil, filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of divorce proceedings filed by her husband, Rahul Ravindra Patil, from the Family Court at Nashik to the Court of Civil Judge Senior Division at Jaysingpur, District Kolhapur. The marriage was solemnized on 29 November 2012 at Ankali, Sangli, and the couple cohabited at Nashik. A daughter was born on 19 November 2013. The wife was diagnosed with Type 1 Diabetes on 27 October 2015 and requires daily insulin. Due to quarrels, the wife left the matrimonial home on 2 June 2018 and has been residing with her parents at Jaysingpur. On 21 August 2019, she filed proceedings under the Protection of Women from Domestic Violence Act, 2005, before the JMFC at Jaysingpur, which awarded monthly maintenance of Rs.10,000 for the daughter and Rs.3,000 for the wife. On 23 March 2022, the husband filed a divorce petition at the Family Court, Nashik. The wife filed the transfer application on 13 July 2022. The wife argued that she is a Bachelor of Engineering but is unemployed, caring for her school-going daughter and aged parents, and suffers from diabetes, making travel to Nashik (about 400 km) difficult and expensive. The husband opposed, claiming the wife had previously traveled to Nashik for medical treatment and that the distance was not insurmountable. The Court, relying on the principle that the wife's convenience should be given primacy, especially when she has no independent income and has a medical condition, allowed the transfer. The Court directed that the divorce petition be transferred from the Family Court at Nashik to the Civil Judge Senior Division, Jaysingpur, which has jurisdiction to try matrimonial matters. The Court also directed the Family Court at Nashik to transmit all records to the transferee court within four weeks.
Headnote
A) Family Law - Transfer of Divorce Proceedings - Section 24 CPC - Convenience of Wife - The wife sought transfer of divorce petition from Family Court Nashik to Civil Judge Senior Division, Jaysingpur, citing her residence at Jaysingpur, lack of income, responsibility for school-going daughter, and Type 1 Diabetes requiring daily insulin. The Court held that the wife's convenience and hardship must be considered, and the distance of about 400 km made it difficult for her to travel. Transfer allowed. (Paras 1-10) B) Family Law - Maintenance - Protection of Women from Domestic Violence Act, 2005 - The wife had earlier filed proceedings under the Domestic Violence Act at Jaysingpur, where maintenance was awarded. The husband's divorce petition was filed later at Nashik. The Court noted that the wife had already initiated proceedings at Jaysingpur, and it would be convenient to try both matters at the same place. (Paras 3-10)
Issue of Consideration
Whether the divorce proceedings filed by the husband at Nashik should be transferred to Jaysingpur on the ground of the wife's convenience, hardship, and medical condition.
Final Decision
The Court allowed the application and directed that the divorce petition (P.A. No. A-327 of 2022) pending before the Family Court at Nashik be transferred to the Court of Civil Judge Senior Division, Jaysingpur, District Kolhapur. The Family Court at Nashik is directed to transmit all records to the transferee court within four weeks.
Law Points
- Transfer of proceedings
- convenience of wife
- hardship
- medical condition
- Section 24 CPC
- Family Court
- divorce
- maintenance
