Case Note & Summary
The applicant wife filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Petition No.167 of 2021 filed by the respondent husband under Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights, from the Family Court at Kolhapur to the Court of Civil Judge, Senior Division, Vasai, Palghar. The marriage was solemnized on 27th December 2020 at Pune, but the parties resided separately after marriage—the husband at Kolhapur and the wife at Boisar. The wife alleged that the husband was having extramarital affairs and was active on matrimonial websites. She lodged FIR No.425 of 2021 under Sections 498A, 323, 504, 506 IPC at Manikpur Police Station on 6th November 2021. She also filed domestic violence proceedings before the JMFC, Vasai, and a divorce petition (Petition No.373 of 2022) before the Joint Civil Judge, Senior Division, Vasai, on grounds of cheating and extramarital affair. The wife, a doctor, claimed she suffers from Systemic Lupus Erythematosus with Nephritis, an autoimmune disease requiring immunosuppressive medication, causing spinal degeneration and radiculopathy, and was advised to avoid long-distance travel. She submitted medical certificates. The husband opposed the transfer, arguing that the wife was a doctor and could travel. The court considered the wife's medical condition, the pendency of other proceedings at Vasai, and the principle that convenience of the wife should be given weight. The court allowed the application, transferring the petition to the Court of Civil Judge, Senior Division, Vasai, with a direction to decide it expeditiously.
Headnote
A) Family Law - Transfer of Proceedings - Section 24 CPC - Restitution of Conjugal Rights - Wife sought transfer of husband's petition from Family Court, Kolhapur to Vasai due to her serious autoimmune disease (Systemic Lupus Erythematosus with Nephritis) and pending divorce and DV proceedings at Vasai - Court held that balance of convenience lies in favour of wife, considering her medical condition and that she is a woman, and transferred the petition to Vasai (Paras 1-6).
Issue of Consideration
Whether the petition for restitution of conjugal rights filed by the husband at Kolhapur should be transferred to Vasai at the wife's request considering her medical condition and other pending proceedings.
Final Decision
Application allowed. Petition No.167 of 2021 pending before the Family Court, Kolhapur is transferred to the Court of Civil Judge, Senior Division, Vasai, Palghar. The transferee court is directed to decide the petition expeditiously.
Law Points
- Transfer of proceedings under Section 24 CPC
- convenience of wife
- medical grounds
- balance of convenience
