Case Note & Summary
The applicant, Pramela Madhav Yeshwant, wife of the respondent Madhav Radhakishan Yeshwant, filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Hindu Marriage Petition No. 131 of 2009 pending before the Civil Judge, Senior Division, Ahmednagar, to the Family Court at Aurangabad. The wife, aged 20 years and a household, contended that she resided in Aurangabad with her parents, while the husband, a Senior Lecturer, resided at Ahmednagar. She argued that she had no male escort to accompany her to Ahmednagar, which was about 200 kms away, and that traveling alone would cause her great hardship and danger. The husband opposed the transfer, claiming he was willing to bear travel expenses and that the wife could travel with her father. The Court, after hearing both sides, relied on precedents including Smt. Nanda Kishori v. S.B. Shivaprakash, AIR 1993 Karnataka 87, Anisha Sanjay Hinduja v. Sanjay Shrichand Hinduja, 2003 (Supp.) Bom.C.R.802, and Guda Vijayalakshmi v. Guda Ramchandra Sekhara Sastry. The Court held that in matrimonial matters, the convenience of the wife is of paramount importance and that the wife's difficulty in traveling alone and the distance involved justified transfer. The Court allowed the application, directing the transfer of the petition from Ahmednagar to Aurangabad, with the husband to bear the costs of the transfer.
Headnote
A) Transfer of Proceedings - Matrimonial Jurisdiction - Convenience of Wife - Section 24 CPC - Wife sought transfer of divorce petition from Ahmednagar to Aurangabad citing difficulty in traveling alone, lack of male escort, and distance of 200 kms - Court held that in matrimonial matters, convenience of wife is paramount and transfer was warranted to avoid hardship - Held that the petition was allowed (Paras 1-3).
Issue of Consideration
Whether a divorce petition filed by the husband at Ahmednagar should be transferred to Aurangabad at the instance of the wife on grounds of her convenience and hardship.
Final Decision
Application allowed. Hindu Marriage Petition No. 131 of 2009 pending before Civil Judge, Senior Division, Ahmednagar is transferred to Family Court at Aurangabad. Respondent to bear costs of transfer.
Law Points
- Transfer of proceedings
- matrimonial jurisdiction
- convenience of wife
- Section 24 of Code of Civil Procedure
- 1908
- hardship
- distance
- lack of male escort
