Case Note & Summary
The applicant-wife filed a Misc. Civil Application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of Hindu Marriage Petition No. 244 of 2018 filed by the respondent-husband under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 for divorce, pending before the Civil Judge, Senior Division, Vasai, District Palghar, to the Civil Judge, Senior Division, Nashik, District Nashik. The respondent's counsel appeared and sought six weeks to file a reply. The court granted two weeks for reply and two weeks for rejoinder. Pending disposal, the court granted ad-interim relief in terms of prayer clause (c), staying further proceedings of the divorce petition. The matter was adjourned to 7th November 2019.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 CPC - Interim Relief - Wife sought transfer of divorce petition from Vasai to Nashik - Court granted ad-interim stay of proceedings in the divorce petition pending disposal of the transfer application - Held that interim protection is necessary to maintain status quo (Paras 3-6).
Issue of Consideration
Whether the Hindu Marriage Petition pending at Vasai should be transferred to Nashik and whether interim stay of proceedings should be granted.
Final Decision
The court granted two weeks to respondent to file reply, two weeks for rejoinder, and granted ad-interim relief staying further proceedings of the divorce petition until the next date. Matter adjourned to 7th November 2019.
Law Points
- Transfer of proceedings under Section 24 CPC
- interim relief pending transfer
- stay of proceedings
Case Details
2019 LawText (BOM) (08) 119
Misc. Civil Application No. 182 of 2019
Mr. Ghanshyam B. Sakpal a/w Satish Yadav for Applicant, Mr. Pravin Patel for Respondent
Mr. Rakesh Rupsingh Parmar
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Nature of Litigation
Transfer application under Section 24 CPC seeking transfer of divorce petition from one court to another.
Remedy Sought
Applicant-wife seeks transfer of Hindu Marriage Petition No. 244 of 2018 from Vasai to Nashik and interim stay of proceedings.
Filing Reason
Applicant-wife wants the divorce petition filed by husband to be transferred from Vasai to Nashik for her convenience.
Issues
Whether the divorce petition should be transferred from Vasai to Nashik under Section 24 CPC.
Submissions/Arguments
Applicant's counsel argued for transfer and interim stay.
Respondent's counsel sought time to file reply.
Ratio Decidendi
Under Section 24 CPC, the court has discretion to transfer proceedings and may grant interim relief to maintain status quo pending disposal of the transfer application.
Judgment Excerpts
By this Misc. Civil Application under Section 24 of Civil Procedure Code, 1908 Applicantwife is seeking transfer of Hindu Marriage Petition No. 244 of 2018 filed by RespondentHusband under Section 13(1)(ia)(ib) of the Hindu Marriage Act, for divorce before the Civil Judge, Senior Division, Vasai, District Palghar to Civil Judge, Senior Division Nashik, District Nashik for hearing and final disposal on its own merits.
Till the next date, the adinterim relief is granted in terms of prayer clause (c) which reads thus: “(c). Pending the hearing and final disposal of the present Misc. Application this Hon'ble Court be pleased to stay the further proceeding of the M.J. Petition No. 244/2008 filed U/sec. 13(1) (ia) (ib) of Hindu Marriage Act. 1955 for dissolved the marriage between the petitioner and respondent solemnized on 29012012 by the Respondent which is pending before the Civil Judge Senior Division, Vasai.”
Procedural History
The applicant-wife filed Misc. Civil Application No. 182 of 2019 under Section 24 CPC seeking transfer of Hindu Marriage Petition No. 244 of 2018 from Vasai to Nashik. On 29th August 2019, the court heard counsel, granted time for reply, and granted ad-interim stay of the divorce proceedings. Matter adjourned to 7th November 2019.
Acts & Sections
- Code of Civil Procedure, 1908: Section 24
- Hindu Marriage Act, 1955: Section 13(1)(ia)(ib)
