Wife's Hardship Recognized: Court Transfers Divorce Petition from Mumbai to Nagpur. Court Prioritizes Convenience of Financially Dependent Wife; Orders Transfer of Case and Imposes Costs on Husband.


Summary of Judgement

The court granted the wife's application to transfer a divorce petition from Mumbai to Nagpur, recognizing her financial dependency and the challenges posed by her aged parents. The court dismissed the husband's objections, emphasizing the wife's hardship and the husband's non-compliance with maintenance orders. The court also imposed a cost of ₹25,000 on the husband for advancing baseless objections.

1. Case Background:

  • The applicant (wife) sought the transfer of the divorce petition filed by her husband from Mumbai to Nagpur.
  • The applicant resides in Nagpur with her elderly parents and argued financial dependency and hardship in traveling to Mumbai.

2. Respondent’s Objections:

  • The husband, residing in the USA, filed the petition in Mumbai through his father as a Power of Attorney.
  • The respondent argued that the transfer would cause hardship to his father, who is prosecuting the case on his behalf.

3. Court’s Observations:

  • The court noted that the husband has not paid maintenance despite court orders.
  • The court criticized the respondent’s objections as insensitive, emphasizing that the wife's hardship outweighed the father's inconvenience.

4. Supreme Court Precedent:

  • The court cited the Supreme Court's decision in N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha, emphasizing that in matrimonial matters, the wife's convenience is a crucial factor.

5. Ruling:

  • The court allowed the transfer of the petition from Mumbai to Nagpur.
  • Additionally, the court imposed a cost of ₹25,000 on the husband for making baseless objections and directed immediate payment within two weeks, failing which the amount would be recovered as arrears by the Collector of Mumbai.

The Judgement

Case Title: Priyanka w/o Mayur Hirlekar Versus Mayur s/o Pradip Hirlekar

Citation: 2024 LawText (BOM) (8) 283

Case Number: MISCELLANEOUS CIVIL APPLICATION NO. 213 OF 2024

Date of Decision: 2024-08-28