Case Note & Summary
The applicant, Sau. Mangal w/o Ambadas Gaikwad, filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Hindu Marriage Petition No. 56 of 2012 pending before the 5th Joint Civil Judge, Senior Division, Ahmednagar, to the Court of Civil Judge, Senior Division, Beed. The applicant is the wife of respondent No.1, Ambadas Gaikwad, and respondent No.2 is Ravi Gaikwad. The marriage between the applicant and respondent No.1 was solemnized on 15th May 2009. After marriage, the applicant resided with her husband at Ahmednagar, but due to ill-treatment, she was forced to leave the matrimonial home and has been residing at Beed with her parents. The husband filed a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, at Ahmednagar. The applicant contended that she is a housewife with no independent income, has no male family member to accompany her to Ahmednagar, and traveling alone is difficult and unsafe. She also submitted that she has filed a complaint under the Protection of Women from Domestic Violence Act, 2005, at Beed. The respondent No.1 opposed the transfer, arguing that the petition was filed at Ahmednagar as per Section 19 of the Hindu Marriage Act, 1955, and that the wife's parents reside at Beed, not the wife herself. The Court, after hearing both sides, held that the convenience of the wife must be given weight in matrimonial proceedings. The Court noted that the wife is a housewife, has no independent income, and has no male escort to accompany her to Ahmednagar. The Court also considered that the wife has filed a domestic violence case at Beed. Accordingly, the Court allowed the application and directed the transfer of the Hindu Marriage Petition from Ahmednagar to Beed. The Court made it clear that the trial court at Beed shall decide the petition on its own merits without being influenced by the observations in this order.
Headnote
A) Family Law - Transfer of Matrimonial Proceedings - Section 24 of Code of Civil Procedure, 1908 - Section 19 of Hindu Marriage Act, 1955 - Wife's Convenience - The wife sought transfer of a Hindu Marriage Petition filed by the husband at Ahmednagar to Beed, citing her residence at Beed, lack of male escort, financial dependence, and difficulty in traveling alone. The Court held that the wife's convenience must be given weight, and transfer was allowed to avoid hardship to the wife. (Paras 1-5)
Issue of Consideration
Whether a Hindu Marriage Petition filed by the husband at Ahmednagar should be transferred to Beed at the instance of the wife on grounds of her inconvenience and hardship.
Final Decision
The application is allowed. Hindu Marriage Petition No.56 of 2012 pending before the 5th Joint Civil Judge, Senior Division, Ahmednagar is withdrawn and transferred to the Court of Civil Judge, Senior Division, Beed, for disposal in accordance with law. The trial court at Beed shall decide the petition on its own merits without being influenced by the observations in this order. Rule made absolute accordingly.
Law Points
- Transfer of matrimonial proceedings
- convenience of wife
- hardship
- Section 24 CPC
- Section 19 of Hindu Marriage Act
- 1955
