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. 593 of 2018 filed by the respondent husband for divorce under Sections 13(1)(ia) and 26 of the Hindu Marriage Act, 1955 from the Civil Judge, Senior Division, Thane to the Civil Judge, Senior Division, Pimpri, District Pune. The wife, a householder, resided with her parents at Pune and had a 4-year-old daughter. She contended that traveling from Pune to Thane for each hearing was difficult and financially burdensome as she received only Rs.3000 per month as maintenance. She also had a pending criminal case under the Domestic Violence Act at Pune. The husband opposed the transfer, offering to pay Rs.2500 per hearing and arguing that he worked in Mumbai and would face difficulty if the case was transferred. The court, considering the wife's hardships, allowed the transfer, directing that the husband's petition be transferred to the Civil Judge, Senior Division, Pimpri, Pune.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 CPC - Convenience of Wife - The wife, a householder with a minor child, sought transfer of divorce petition from Thane to Pune due to difficulty in traveling and financial constraints. The court allowed the transfer, considering the wife's residence at Pune, her meager maintenance of Rs.3000 per month, and the pendency of a domestic violence case at Pune. (Paras 1-7)
Issue of Consideration
Whether the Hindu Marriage Petition pending at Thane should be transferred to Pune on the ground of inconvenience and hardship faced by the wife.
Final Decision
The Misc. Civil Application is allowed. Hindu Marriage Petition No. 593 of 2018 pending before the Civil Judge, Senior Division, Thane is transferred to the Civil Judge, Senior Division, Pimpri, District Pune. No order as to costs.
Law Points
- Transfer of proceedings
- convenience of wife
- hardship
- Section 24 CPC
- Hindu Marriage Act
Case Details
2019 LawText (BOM) (08) 120
MISC.CIVIL APPLICATION ST. NO.2744 of 2019
Mr. Raghvendra B. Kulkarni for Applicant, Ms. Kokila Kalra a/w Ms. Beerta H. Bajawa for Respondent
Mrs. Sheetal Amardeep Kamble
Mr. Amardeep Tanaji Kamble
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Nature of Litigation
Miscellaneous Civil Application for transfer of divorce petition from Thane to Pune.
Remedy Sought
Transfer of Hindu Marriage Petition No. 593 of 2018 from Thane to Pune.
Filing Reason
Wife faced difficulty in traveling from Pune to Thane due to financial constraints and care of minor child.
Previous Decisions
Maintenance order dated 20th June 2018 (or 28th June 2018) granting Rs.3000 per month to wife and daughter.
Issues
Whether the wife's inconvenience and hardship warrant transfer of the divorce petition under Section 24 CPC.
Submissions/Arguments
Applicant wife: She is a householder staying with parents at Pune, has a 4-year-old daughter, receives only Rs.3000 per month maintenance, and has a pending domestic violence case at Pune. Travel to Thane is difficult and expensive.
Respondent husband: Wife has already engaged counsel and filed written statement at Thane. Distance is only 160 km, travel time 2.5 hours. Husband offered Rs.2500 per hearing. Husband works in Mumbai and would face difficulty if case transferred.
Ratio Decidendi
The court held that the wife's hardship, financial constraints, and the pendency of a related domestic violence case at Pune justify the transfer of the divorce petition to Pune under Section 24 CPC.
Judgment Excerpts
By this Misc. Civil Application under Section 24 of Civil Procedure Code, Applicant-Wife seeking transfer of Hindu Marriage Petition No. 593 of 2018 filed by Respondent-Husband before the Civil Judge, Senior Division, Thane, for divorce under Section 13(1)(1)(ia) and Section 26 of the Hindu Marriage Act, 1955 to the Civil Judge, Senior Division, Pimpri, District Pune.
I heard both sides at length. It is to be noted that, the Applicant-Wife is household. She gets amount of Rs. 3000/- per month from the Respondent Husband by way of maintenance...
In the result, Misc. Civil Application is allowed. Hindu Marriage Petition No. 593 of 2018 pending before the Civil Judge, Senior Division, Thane is transferred to the Civil Judge, Senior Division, Pimpri, District Pune.
Procedural History
The wife filed Misc. Civil Application ST. No.2744 of 2019 under Section 24 CPC seeking transfer of the husband's divorce petition (HMP No. 593/2018) from Thane to Pune. The application was heard and allowed on 29 August 2019.
Acts & Sections
- Code of Civil Procedure, 1908: Section 24
- Hindu Marriage Act, 1955: Section 13(1)(ia), Section 26
- Protection of Women from Domestic Violence Act, 2005: Sections 12, 18, 19, 20, 22, 23
