Case Note & Summary
The judgment concerns two miscellaneous civil applications: MCA/124/2024 filed by the wife, Suprabha Nitesh Patil (also known as Suprabha Anant Khot), seeking transfer of a divorce petition (Hindu Marriage Petition No. 415 of 2024) filed by her husband, Nitesh Gajanan Patil, from the Family Court at Mumbai to the Family Court at Kalyan; and MCA/415/2024 filed by the husband seeking transfer of a maintenance petition (Miscellaneous Application No. 124 of 2024) filed by the wife from Kalyan to Mumbai. The parties were married on 11th December 2022 and have a minor child aged about 1 year and 8 months. The wife resides in Kalyan with her parents and the child, while the husband resides in Mumbai. The wife contended that she has no independent income, is a housewife, and it is difficult for her to travel from Kalyan to Mumbai with the child for each hearing. The husband argued that the wife had earlier filed proceedings in Mumbai and that he would face inconvenience if the case is transferred. The court, after hearing both sides, allowed the wife's application for transfer of the divorce petition to Kalyan, holding that the convenience of the wife must be given primacy in matrimonial matters. The court directed that the husband shall pay travel expenses of Rs. 1,000 per hearing to the wife for attending the transferred case. The husband's application for transfer of the maintenance petition was dismissed as infructuous since the divorce petition was being transferred to the same court. The court also directed the Family Court at Kalyan to expedite the hearing and decide the matters within six months.
Headnote
A) Family Law - Transfer of Matrimonial Proceedings - Section 24 of the Code of Civil Procedure, 1908 - Convenience of Wife - The wife sought transfer of a divorce petition from Mumbai to Kalyan, citing difficulty in traveling with a young child and lack of independent income. The court held that while transfer is not automatic, the convenience of the wife must be given primacy, especially when she has no source of income and has to travel with a minor child. The court allowed the transfer, directing the husband to pay travel expenses for attending hearings in Kalyan. (Paras 1-10) B) Family Law - Transfer of Matrimonial Proceedings - Section 24 of the Code of Civil Procedure, 1908 - Balance of Convenience - The court considered the balance of convenience and concluded that the wife would suffer greater hardship if the petition remained in Mumbai, as she resides in Kalyan with her parents and has a young child. The husband, being employed and having better financial resources, could attend hearings in Kalyan. (Paras 5-9)
Issue of Consideration
Whether the divorce petition filed by the husband in Mumbai should be transferred to Kalyan at the wife's request on grounds of her convenience and hardship.
Final Decision
The court allowed MCA/124/2024 filed by the wife, transferring Hindu Marriage Petition No. 415 of 2024 from the Family Court at Mumbai to the Family Court at Kalyan. The husband was directed to pay Rs. 1,000 per hearing to the wife for travel expenses. MCA/415/2024 filed by the husband was dismissed as infructuous. The Family Court at Kalyan was directed to expedite the hearing and decide the matters within six months.
Law Points
- Transfer of matrimonial proceedings
- convenience of wife
- Section 24 CPC
- hardship
- balance of convenience
