Case Note & Summary
The applicant-wife filed an application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of Hindu Marriage Petition No. A-608/2022 filed by the respondent-husband in the Family Court at Nagpur to the Court of Civil Judge, Senior Division at Yavatmal. The marriage was solemnized on 19 June 2021 at Yavatmal. After marriage, the wife resided with the husband in Khandwa, but soon faced quarrels, physical and mental assault, and dowry demands. On 12 January 2022, the husband drove her out, and she has been residing with her parents in Yavatmal. She lodged a complaint, leading to an FIR under Section 498-A IPC on 8 July 2022. On 18 July 2022, the husband filed a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 at Nagpur. The wife argued that due to the FIR, relations are strained, and she cannot travel to Nagpur for each hearing. The court noted that the wife resides in Yavatmal, the marriage was solemnized there, and the FIR is pending there. The husband can attend court at Yavatmal. The court allowed the transfer, directing the Family Court at Nagpur to send records to the Civil Judge, Senior Division, Yavatmal, and the husband to appear before that court on 19 December 2022.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 CPC - Convenience of Wife - Wife sought transfer of husband's restitution petition from Nagpur to Yavatmal due to strained relations, FIR under Section 498-A IPC, and her residence at Yavatmal - Court allowed transfer considering wife's convenience and safety, noting that husband can attend court at Yavatmal (Paras 1-6).
Issue of Consideration
Whether the Hindu Marriage Petition filed by the husband at Nagpur should be transferred to Yavatmal for the wife's convenience and safety.
Final Decision
The application is allowed. Hindu Marriage Petition No. A-608/2022 pending before the Family Court at Nagpur is withdrawn and transferred to the Court of Civil Judge, Senior Division at Yavatmal. The Family Court at Nagpur is directed to send the records to the transferee court. The respondent-husband is directed to appear before the transferee court on 19 December 2022.
Law Points
- Transfer of proceedings
- convenience of wife
- Section 24 CPC
- Section 9 Hindu Marriage Act
- 1955
- Section 498-A IPC
