Case Note & Summary
The case arises from marital discord between Tanhaji Bhaguji Shendge (husband) and Shivkanya Tanaji Shendge (wife). The wife initiated maintenance proceedings and a criminal prosecution under Section 498A of the Indian Penal Code against the husband at Gevrai court. In response, the husband filed a divorce petition at Beed court. The wife then filed this application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of the divorce petition from Beed to Gevrai for her convenience. The husband opposed the transfer, arguing that the wife had already filed multiple cases and that the transfer would cause him inconvenience. The court, after hearing both sides, noted that the wife had to travel from Chorpuri to Beed (about 40-50 km) with her minor child, while the husband could easily travel to Gevrai. The court held that in matrimonial matters, the convenience of the wife should be given priority. Accordingly, the court allowed the application and transferred the divorce petition from the Family Court at Beed to the Civil Judge, Senior Division, Gevrai, for disposal. The court directed both parties to appear before the transferee court on 22nd February 2010.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 CPC - Convenience of Wife - Husband filed divorce petition at Beed while wife's maintenance and criminal proceedings under Section 498A IPC were pending at Gevrai - Court allowed transfer to Gevrai to avoid inconvenience to wife who had to travel with minor child - Held that convenience of wife should be considered in matrimonial matters (Para 4).
Issue of Consideration
Whether the divorce petition filed by the husband at Beed should be transferred to Gevrai where the wife's maintenance and criminal proceedings are pending, for the convenience of the wife.
Final Decision
Application allowed. Hindu Marriage Petition No. 11/2009 pending before the Family Court, Beed is transferred to the Court of Civil Judge, Senior Division, Gevrai for disposal. Both parties directed to appear before the transferee court on 22nd February 2010.
Law Points
- Transfer of matrimonial proceedings
- convenience of parties
- Section 24 CPC
- Section 498A IPC
- maintenance proceedings
