Case Note & Summary
The case involved a transfer petition under Section 24 of the Code of Civil Procedure, 1908, filed by the wife against her husband. The wife sought transfer of the husband’s Hindu Marriage Petition No. A-78/2021 from the Family Court No.4, Nagpur to the Court of Civil Judge, Senior Division, Warora. The parties were married on 01.02.2019 but subsequently developed matrimonial differences, leading to separation. The wife moved to Bhadrawati to live with her parents and filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 against the husband and his family members before the Judicial Magistrate, First Class, Bhadrawati. The wife contended that attending the divorce proceedings at Nagpur would be extremely inconvenient because the distance from Bhadrawati to Nagpur was over 130 kilometers. She stated she was fully dependent on her parents and did not receive any maintenance from the husband, who was working as a Senior Manager at Bank of India in Nagpur and drawing a handsome salary. The husband opposed the transfer. He revealed that he suffered from a severe visual impairment, producing a Unique Disability ID certificate from the Government of India showing 90% disability in his eye sight—essentially, he was 90% blind. This certificate was not disputed by the wife’s counsel, though he attempted to raise doubts about the exact percentage without filing a proper counter. The husband argued that transferring the petition to Warora would cause him greater hardship than the wife would face if the case remained in Nagpur. The High Court, after hearing both sides, examined the balance of convenience. It observed that although the wife’s travel distance was substantial, the husband’s 90% visual disability made it far more cumbersome for him to travel from Nagpur to Warora if the transfer were allowed. The court accepted that the husband was effectively blind, which would render him significantly more disadvantaged in travelling than the wife. Consequently, it held that the petition could not be transferred merely on the ground of the wife’s inconvenience. However, to mitigate the hardship to the wife, the court directed the husband to pay a sum of Rs.2,500 to her on every date she attended the pending divorce proceeding at Nagpur. The court further ordered that if the husband failed to make this payment, the Family Court would take necessary steps for recovery. It was clarified that this payment would have no bearing on any separate application for maintenance that the wife might file. Thus, the transfer application was dismissed but with a compensatory order to facilitate the wife’s participation in the litigation. The court’s reasoning underscored that while the general principle in matrimonial cases often favors the wife’s convenience, where the husband has a severe disability that would cause disproportionate hardship, the balance of convenience may tilt in his favour, and the wife’s concerns can be addressed through monetary directions. The decision balanced the competing equities, recognising that the husband’s blindness was a more compelling ground than the wife’s travel costs, but simultaneously ensuring that the wife was not left without means to attend the hearings. No costs were awarded.
Headnote
A) Civil Procedure - Transfer of Matrimonial Case - Section 24, Code of Civil Procedure, 1908 - Balance of Convenience - The wife sought transfer of husband's divorce petition from Nagpur to Warora claiming distance and dependency; husband opposed citing his 90% visual disability certificate. The Court held that given the husband's severe visual impairment, it would be more cumbersome for him to travel; therefore, transfer denied. However, to address the wife's expense, the husband was directed to pay Rs.2,500 per attendance. Held that in transfer petitions under Section 24, the relative hardship and disability of parties is a relevant consideration, and the court may order reimbursement of travel expenses to the party not favored by the transfer decision. (Paras 2,4,8,9)
Issue of Consideration
Whether the divorce petition filed by the husband at Nagpur should be transferred to Warora considering the wife's inconvenience in travelling over 130 km and the husband's 90% visual disability.
Final Decision
Application dismissed. Husband directed to pay Rs.2,500 to wife on every date she attends the proceeding at Nagpur; failure will lead to recovery steps. This amount is without prejudice to any maintenance claim.
Law Points
- Transfer petition under Section 24 CPC
- balance of convenience
- consideration of disability
- reimbursement of travel expenses to spouse
