Case Note & Summary
The applicant, Dr. Sau. Nilima Mahesh Muley, filed a Misc. Civil Application under Section 12(1)(c) of the Hindu Marriage Act, 1955, seeking transfer of Hindu Marriage Petition No. 377 of 2011 from the Court of Civil Judge, Senior Division, Ahmednagar to the Court of Civil Judge, Senior Division, Amravati. The petition was initiated by the respondent-husband, Mahesh Madhavrao Muley, for annulment of marriage. The applicant-wife, aged 33 and unemployed, residing in Amravati, contended that she had no source of income and would face great hardship in traveling to Ahmednagar to defend the case. She also stated that she would need to be accompanied by a family member, adding to the expense. The respondent-husband, a doctor practicing in Ahmednagar, opposed the transfer. The Court, after hearing both parties, allowed the application, noting that the wife's convenience and hardship are paramount considerations in transfer of matrimonial proceedings. The Court directed the transfer of the petition from Ahmednagar to Amravati, observing that the husband, being a doctor, could attend the proceedings at Amravati. The rule was made absolute with no order as to costs.
Headnote
A) Family Law - Transfer of Matrimonial Proceedings - Convenience of Wife - Section 12(1)(c) of the Hindu Marriage Act, 1955 - The wife-applicant sought transfer of a petition filed by the husband for annulment of marriage from Ahmednagar to Amravati on grounds of her unemployment, lack of income, and difficulty in traveling. The Court allowed the transfer, holding that the wife's convenience and hardship must be considered, and that the husband can attend the proceedings at Amravati. (Paras 2-4)
Issue of Consideration
Whether the Hindu Marriage Petition No. 377 of 2011 pending before the Civil Judge, Senior Division, Ahmednagar should be transferred to the Court of Civil Judge, Senior Division, Amravati at the instance of the wife-applicant.
Final Decision
The application is allowed. Hindu Marriage Petition No. 377 of 2011 pending before the Court of Civil Judge, Senior Division, Ahmednagar is transferred to the Court of Civil Judge, Senior Division, Amravati. Rule made absolute. No order as to costs.
Law Points
- Transfer of matrimonial proceedings
- convenience of wife
- hardship
- Section 12(1)(c) Hindu Marriage Act
- 1955
