Case Note & Summary
The petitioner-wife filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Hindu Marriage Petition No. A/1175/2022 filed by the respondent-husband for restitution of conjugal rights from the Family Court at Pune to the Family Court at Buldhana. The marriage was solemnized on 11 April 2019 at Akola as per Hindu rites. After marriage, the couple stayed at Susgaon, Pune, and later shifted to Tathawade. The wife alleged cruelty by the husband between 2019 and 2021, and on 21 September 2021, she left the matrimonial home and went to her parents' place at Buldhana. In June 2022, the husband filed the petition for restitution of conjugal rights at Pune, to which the wife filed a reply. In August 2022, the wife filed divorce proceedings against the husband at Buldhana. The wife, though qualified, was unemployed and dependent on her parents. She contended that the distance of about 400 kms between Buldhana and Pune would cause hardship and inconvenience, and she had no means to travel or stay at Pune. The husband was served but did not appear. The Court noted that the stage of proceedings at Pune was for framing of issues, and at Buldhana for filing of reply. Allowing the transfer, the Court held that it would be convenient for the wife and avoid multiplicity of proceedings, as both matters could be heard together at Buldhana. The Court directed the transfer of the petition from Family Court, Pune to Family Court, Buldhana, and requested the Family Court, Buldhana to expedite the hearing.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 CPC - Convenience of Wife - The wife sought transfer of a Hindu Marriage Petition for restitution of conjugal rights from Family Court, Pune to Family Court, Buldhana. The wife was residing with her parents at Buldhana, had no independent income, and the distance between Buldhana and Pune was about 400 kms. The husband did not appear despite service. The Court allowed the transfer, holding that it would be convenient for the wife and avoid multiplicity of proceedings, as the wife had already filed divorce proceedings at Buldhana. (Paras 1-5)
Issue of Consideration
Whether the Hindu Marriage Petition for restitution of conjugal rights pending before the Family Court at Pune should be transferred to the Family Court at Buldhana on the application of the wife under Section 24 of the Code of Civil Procedure, 1908.
Final Decision
The Court allowed the application and directed the transfer of Hindu Marriage Petition No. A/1175/2022 from the Family Court at Pune to the Family Court at Buldhana. The Family Court at Buldhana was requested to expedite the hearing.
Law Points
- Transfer of proceedings under Section 24 CPC
- convenience of wife
- avoidance of multiplicity of proceedings
- Hindu Marriage Act
- 1955
