Case Note & Summary
The applicant, Priyanka Hirlekar, wife of Mayur Hirlekar, filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Marriage Petition No. A-2306/2022 from the Family Court Judge – 3 at Bandra, Mumbai to the Family Court No.2 at Nagpur. The parties were married in 2016. The applicant resides in Nagpur with her aged parents and is financially dependent on them. The respondent husband is a resident of Chicago, USA, and filed the divorce petition in Mumbai through his father as his Constituted Power of Attorney. The applicant had earlier filed maintenance proceedings in Nagpur in 2019, and the respondent had not paid any maintenance despite court orders, with arrears exceeding Rs.10 lakhs. The applicant contended that traveling from Nagpur to Mumbai (770 km one way) alone and staying there for hearings would cause extreme hardship, especially since her retired parents cannot accompany her. The respondent opposed the transfer, arguing that his father, who is prosecuting the petition, is 63 years old and would face hardship traveling to Nagpur. The court, relying on the Supreme Court's decision in N.C.V. Aishwarya v. A.S. Saravana Karthik Sha (AIR 2022 SC 4318), held that in matrimonial matters, the wife's convenience is paramount. The court noted that the respondent's objections were selfish and insensitive, ignoring the applicant's emotional and psychological trauma. The court found that the hardship to the applicant far outweighed any inconvenience to the respondent's father, who appeared hale and hearty. The court allowed the transfer and imposed costs of Rs.25,000 on the respondent for filing a frivolous reply, payable within two weeks, failing which recovery as arrears of land revenue.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 CPC - Wife's Convenience - In matrimonial matters, the wife's convenience is the primary consideration for transfer under Section 24 CPC, especially when the husband is well-settled abroad and the wife is financially dependent on her aged parents. The court held that the hardship to the wife far outweighs any inconvenience to the husband's father who is prosecuting the petition as Power of Attorney holder. (Paras 7-10) B) Civil Procedure - Transfer of Proceedings - Section 24 CPC - Hardship - The court must consider the economic soundness, social strata, behavioural pattern, standard of life, and circumstances of both parties. The husband's non-compliance with maintenance orders and his comfortable life in the USA weighed against his opposition based on his father's age. (Paras 8-10) C) Civil Procedure - Transfer of Proceedings - Section 24 CPC - Costs - The court imposed costs of Rs.25,000 on the husband for filing a frivolous and insensitive reply opposing the transfer, to be paid within two weeks, failing which recovery as arrears of land revenue. (Para 11)
Issue of Consideration
Whether the Marriage Petition pending before the Family Court Judge – 3 at Bandra, Mumbai should be transferred to the Family Court No.2 at Nagpur on the ground of hardship and inconvenience to the wife-applicant under Section 24 of the Code of Civil Procedure, 1908.
Final Decision
The Miscellaneous Civil Application is allowed. Marriage Petition A-2306/2022 pending before the Family Court Judge – 3 at Bandra, Mumbai is directed to be transferred to the Family Court No.2 at Nagpur. The respondent is directed to pay costs of Rs.25,000 to the applicant within two weeks, failing which the costs shall be recovered as arrears of land revenue by the Collector Mumbai or MSD.
Law Points
- Transfer of matrimonial proceedings
- wife's convenience paramount
- Section 24 CPC
- hardship and inconvenience
- economic soundness of parties
- social strata
- behavioural pattern
- standard of life
- protective umbrella
- costs for frivolous opposition
