Case Note & Summary
The applicant-wife filed a miscellaneous civil application seeking transfer of Hindu Marriage Petition No. 232 of 2010 from the Court of Civil Judge, Senior Division, Akola to the Court of Civil Judge, Senior Division, Aurangabad. The respondent-husband had filed the divorce petition under Section 13 of the Hindu Marriage Act, 1955 at Akola. The marriage was solemnized on 20-06-1994 at Buldana as per Hindu rites, and the couple resided at Aurangabad since the respondent worked there. The wife contended that both parties live in Aurangabad, she has no independent source of income, and the distance of about 300 km from Aurangabad to Akola would cause severe hardship on each date of hearing. She also highlighted that she had filed a domestic violence case under Sections 18, 19, 20, 22 of the Protection of Women from Domestic Violence Act in Aurangabad. The husband opposed the transfer, arguing that the divorce petition is civil in nature while the wife's domestic violence case is criminal, and thus the transfer should not be entertained. The High Court, after considering the rival submissions, noted that it was undisputed that both parties reside at Aurangabad. It observed that the wife, being a lady without any income, would be unable to travel 300 km to Akola repeatedly. The court placed reliance on Supreme Court precedent holding that in proceedings filed by the husband, the convenience of the wife must be looked into, as reiterated in Savita w/o Vijay Mahajan vs. Vijay s/o Bajirao Mahajan (2008 B.C.I. 210) and an earlier order of the same court. Accordingly, the application was allowed, and the divorce petition was transferred to the Court of Civil Judge, Senior Division, Aurangabad. The rule was made absolute.
Headnote
A) Family Law - Transfer of Divorce Proceedings - In proceedings filed by husband, convenience of wife is paramount - Hindu Marriage Act, 1955, Section 13 - Wife sought transfer of H.M.P. from Akola to Aurangabad on grounds that both parties reside in Aurangabad, she has no income, and distance is 300 km. Court held that the convenience of the wife must be given due weight, following Supreme Court precedent, and allowed the transfer. (Paras 2-7)
Issue of Consideration
Whether a Hindu Marriage Petition filed by the husband should be transferred from the court at Akola to the court at Aurangabad, considering the wife's residence, lack of income, and distance.
Final Decision
The application was allowed. Hindu Marriage Petition No. 232 of 2010 was transferred from the Court of Civil Judge, Senior Division, Akola to the Court of Civil Judge, Senior Division, Aurangabad. Rule made absolute.
Law Points
- In matrimonial proceedings filed by husband
- convenience of wife must be considered
- transfer can be ordered to avoid hardship to wife
- particularly if she lacks income and has to travel long distance.
