Case Note & Summary
The applicant wife, Smt. Priyanka Patro, filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of divorce proceedings filed by the respondent husband, Shri Arvind Rajasekar, from the Court of Civil Judge, Senior Division, Kalyan to the Court of Civil Judge, Senior Division, Pune. The marriage was solemnized on 11 July 2019 in Chembur, Mumbai, and the couple initially resided at Dombivli. In August 2019, they shifted to Pune for professional work and continued to reside there. On 16 December 2021, the husband allegedly manhandled the wife and left her to live with his parents in Dombivli. The wife then hired a separate house in Dighi, Pune, to live with her mother. On 16 April 2021, the wife filed a non-cognizable police complaint against the husband. On 20 January 2022, the husband filed a divorce petition at Kalyan. The wife had also filed an FIR under Section 498A of the Indian Penal Code and a domestic violence proceeding in Pune. The wife argued that she is a software professional working with Hexaware Technologies in Pune, stays with her mother, and it is difficult for her to travel to Kalyan for court hearings. The husband opposed the transfer, claiming the wife had not disclosed her employment details and that she could travel. The court considered the convenience of the wife, the pendency of related proceedings at Pune, and the fact that the wife is a working woman with family responsibilities. The court allowed the transfer, setting aside the order of the Family Court and directing the transfer of the divorce petition to Pune. The court also directed the Family Court at Pune to expedite the hearing and decide the matter within six months.
Headnote
A) Family Law - Transfer of Divorce Petition - Section 24 CPC - Convenience of Wife - The wife sought transfer of divorce proceedings from Kalyan to Pune, citing her residence in Pune, pending FIR under Section 498A IPC and domestic violence proceedings at Pune, and difficulty in traveling due to work and care for her mother. The court allowed the transfer, holding that the wife's convenience and the pendency of related proceedings at Pune outweigh the husband's choice of forum. (Paras 3-12)
Issue of Consideration
Whether the divorce petition filed by the husband at Kalyan should be transferred to Pune for the convenience of the wife, considering she has filed other proceedings at Pune and resides there.
Final Decision
The application is allowed. The divorce petition pending before the Civil Judge, Senior Division, Kalyan is transferred to the Court of Civil Judge, Senior Division, Pune. The Family Court at Pune is directed to expedite the hearing and decide the matter within six months.
Law Points
- Transfer of divorce petition
- convenience of wife
- pending proceedings at transferee court
- Section 24 CPC
- Section 19 Hindu Marriage Act
