Case Note & Summary
The applicant-wife filed an application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of Regular Civil Suit No.9 of 2022 from the Court of Civil Judge Junior Division at Dhamangaon to the Court of Civil Judge Junior Division at Wardha. The suit was filed by the respondent-husband for a declaration that the marriage between the parties was null and void under Section 34 of the Specific Relief Act, 1963. The marriage was solemnized on 22.05.2013 as per Muslim rites. After the marriage, the wife alleged ill-treatment by the husband and his family. A daughter was born. In 2019, following an altercation, the wife left the matrimonial home and went to Wardha with her daughter. She filed proceedings under the Domestic Violence Act, 2005 before the 5th Judicial Magistrate First Class at Wardha on 20.10.2021, which was pending with interim maintenance orders in her favour. She also filed a complaint under Sections 504 and 506 IPC on 20.04.2019. The wife contended that she resides in Wardha, has a minor daughter, and has no independent source of income, making it difficult to travel to Dhamangaon for the suit. The husband opposed the transfer, arguing that the suit was filed at Dhamangaon where the marriage was solemnized and where he resides. The court considered the convenience of the wife, the pendency of other proceedings at Wardha, and the balance of convenience. The court held that the wife's convenience should be given precedence, especially since she has a minor daughter and no independent income. The court also noted that the husband is a retired person and can travel to Wardha. The court allowed the transfer application, directing the transfer of the suit from Dhamangaon to Wardha, and requested the trial court at Wardha to expedite the hearing.
Headnote
A) Civil Procedure - Transfer of Suit - Section 24 CPC - Convenience of Parties - Wife sought transfer of husband's suit for declaration of marriage as null and void from Dhamangaon to Wardha - Court held that since the wife resides in Wardha, has a minor daughter, and has pending proceedings under the Domestic Violence Act, 2005 at Wardha, the balance of convenience lies in transferring the suit to Wardha - Held that transfer is necessary to avoid multiplicity of proceedings and hardship to the wife (Paras 1-6).
Issue of Consideration
Whether the suit for declaration of marriage as null and void filed by the husband at Dhamangaon should be transferred to Wardha for the convenience of the wife, given that she resides in Wardha and has pending proceedings there.
Final Decision
The court allowed the application and directed the transfer of Regular Civil Suit No.9 of 2022 from the Court of Civil Judge Junior Division at Dhamangaon to the Court of Civil Judge Junior Division at Wardha. The trial court at Wardha was requested to expedite the hearing.
Law Points
- Transfer of suit
- convenience of parties
- pending proceedings at transferee court
- balance of convenience
- Section 24 CPC
