Case Note & Summary
The applicant, Mrs. Chaya Barajdar, filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of a divorce petition filed by her husband, Balaji Birajdar, from the Family Court at Nanded to the Family Court at Pune. The parties were married and had a two-year-old child. The wife resided in Pune with the child, while the husband resided in Nanded. The wife argued that traveling from Pune to Nanded, a distance of approximately 500 kilometers, would cause her significant inconvenience and hardship, especially given the need to care for the young child. The husband opposed the transfer, but the court considered the wife's convenience as paramount in matrimonial proceedings. The court allowed the application, transferring the divorce petition to Pune, and directed the husband to bear the travel expenses for attending hearings at Pune. The judgment was delivered by Justice S.S. Shinde on 27 September 2010.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 CPC - Convenience of Wife - The wife sought transfer of a divorce petition from Nanded to Pune, citing difficulty in traveling 500 km with a two-year-old child. The court held that the convenience of the wife is paramount in matrimonial matters and allowed the transfer, directing the husband to bear travel expenses for attending hearings at Pune. (Paras 1-5)
Issue of Consideration
Whether the divorce petition filed by the husband at Nanded should be transferred to Pune for the convenience of the wife, who resides in Pune with a two-year-old child.
Final Decision
Application allowed. Divorce petition transferred from Family Court at Nanded to Family Court at Pune. Husband to bear travel expenses for attending hearings at Pune.
Law Points
- Transfer of proceedings
- convenience of wife
- Section 24 CPC
- matrimonial jurisdiction
- hardship of travel
