Case Note & Summary
The applicant wife filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of divorce proceedings filed by the respondent husband 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 in Dombivli before moving to Pune in August 2019 for professional work. In December 2021, the husband allegedly manhandled the wife and left for Dombivli, after which the wife moved to a separate residence in Dighi, Pune with her mother. The wife filed a non-cognizable police complaint in April 2021 and later an FIR under Section 498A IPC and a domestic violence proceeding, both in Pune. The husband filed a divorce petition in Kalyan on 20 January 2022. The wife argued that she is a software professional working in Pune, lives with her mother, and has to care for her mother, making it difficult to travel to Kalyan for court hearings. She also highlighted the pendency of related proceedings in Pune. The husband opposed the transfer, claiming the wife had previously resided in Dombivli and that the court at Kalyan had jurisdiction. The court, after considering the submissions and the mediation report indicating failed mediation, allowed the transfer, noting that the convenience of the wife, who is the applicant, and the pendency of other proceedings at Pune justified the transfer. The court directed that the divorce petition be transferred from Kalyan to Pune and that the transferee court may decide to club the proceedings if appropriate.
Headnote
A) Transfer of Divorce Petition - Convenience of Wife - Section 24 CPC - 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 of her mother. The court allowed the transfer, holding that the convenience of the wife and the pendency of related proceedings at Pune warranted the transfer. (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, who resides in Pune and has other proceedings pending there.
Final Decision
The application is allowed. The divorce petition (P.A. No. 87 of 2022) pending before the Civil Judge, Senior Division, Kalyan is withdrawn and transferred to the Court of Civil Judge, Senior Division, Pune. The transferee court may decide to club the proceedings if appropriate. No order as to costs.
Law Points
- Transfer of divorce petition
- convenience of wife
- pending proceedings at transferee court
- Section 24 CPC
