Case Note & Summary
The applicant, Yashika, wife of Yagnesh Padwal, filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Marriage Petition No.137/2022 pending before the Civil Judge Senior Division, Sindhudurg at Oros, to the Court of Civil Judge Senior Division at Amravati. The marriage was solemnized on 02.12.2019 in Pune. After marriage, the wife resided with her husband in Sindhudurg but alleged ill-treatment, physical and mental harassment, and demand for gold ornaments. She was forcefully dropped at her parents' home in Bhatkuli, Amravati during the lockdown. On 24.10.2020, she gave birth to a premature baby boy requiring regular medical attention. The husband filed a petition under Section 12(1)(a)(c) of the Hindu Marriage Act, 1955, seeking nullity of marriage at Sindhudurg. The wife also filed a complaint with Bhatkuli Police Station. The court considered the wife's residence in Amravati, the minor child's medical needs, and the difficulty of traveling with an infant. The court allowed the transfer, noting that the husband works in Bangalore and can easily travel to Amravati, while the wife would face hardship traveling to Sindhudurg. The court directed the transfer of the petition to Amravati and requested the trial court to expedite the proceedings.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 Code of Civil Procedure, 1908 - Convenience of Wife - The court allowed transfer of Marriage Petition No.137/2022 from Sindhudurg to Amravati, considering the wife's residence, the minor child's medical needs, and the wife's difficulty in traveling with a premature infant. Held that the balance of convenience lies in favor of the wife (Paras 1-8).
Issue of Consideration
Whether the marriage petition filed by the husband at Sindhudurg should be transferred to Amravati for the convenience of the wife, considering her residence and the medical needs of the minor child.
Final Decision
The application is allowed. Marriage Petition No.137/2022 pending before the Civil Judge Senior Division, Sindhudurg at Oros is transferred to the Court of Civil Judge Senior Division, Amravati. The trial court is requested to expedite the proceedings.
Law Points
- Transfer of proceedings
- convenience of wife
- Section 24 CPC
- Hindu Marriage Act
- 1955
- Section 12(1)(a)(c)
- minor child's medical needs
