Case Note & Summary
The applicant wife filed an application under Section 23(3) read with Sections 151 and 24 of the Code of Civil Procedure, 1908, seeking transfer of Hindu Marriage Petition No. A-794 of 2003 filed by the respondent husband, pending before the Family Court at Bandra, Mumbai, to the Court of Civil Judge (S.D.), Patan, Gujarat. The wife contended that she was a resident of Patan, Gujarat, and that the court at Patan had jurisdiction to entertain the matrimonial petition. It was not disputed that the wife had already filed a maintenance petition which was allowed by a court at Patan. The wife stated that she resided at Patan with her 77-year-old mother. The court, considering the convenience of the wife, allowed the application and directed the transfer of the petition from the Family Court at Bandra to the Court of Civil Judge (S.D.), Patan.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 23(3) read with Sections 151 and 24 of Code of Civil Procedure, 1908 - Transfer of matrimonial petition - Wife sought transfer of petition filed by husband from Family Court at Bandra, Mumbai to Court at Patan, Gujarat - Wife resided at Patan with her 77-year-old mother and had already filed a maintenance petition there - Held that convenience of wife is paramount and transfer was allowed (Paras 1-3).
Issue of Consideration
Whether the Hindu Marriage Petition pending before the Family Court at Bandra, Mumbai should be transferred to the Court of Civil Judge (S.D.), Patan, Gujarat on the ground of convenience of the wife who resides at Patan.
Final Decision
Application allowed. Hindu Marriage Petition No. A-794 of 2003 pending before the Family Court at Bandra, Mumbai is transferred to the Court of Civil Judge (S.D.), Patan, Gujarat.
Law Points
- Transfer of matrimonial petition
- convenience of wife
- residence of wife
- jurisdiction
- Section 23(3) CPC
- Section 24 CPC
- Section 151 CPC
Case Details
2005 LawText (BOM) (02) 306
Misc. Civil Application No. 36 of 2003
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Nature of Litigation
Application for transfer of a Hindu Marriage Petition from Family Court at Bandra, Mumbai to Civil Judge (S.D.), Patan, Gujarat.
Remedy Sought
Transfer of Hindu Marriage Petition No. A-794 of 2003 from Family Court at Bandra, Mumbai to Court of Civil Judge (S.D.), Patan, Gujarat.
Filing Reason
Wife resides at Patan, Gujarat with her 77-year-old mother and has already filed a maintenance petition there; convenience of wife.
Previous Decisions
Wife's maintenance petition was allowed by a court at Patan.
Issues
Whether the matrimonial petition should be transferred from Mumbai to Patan on grounds of wife's convenience and residence.
Submissions/Arguments
Applicant wife submitted that she resides at Patan, Gujarat with her aged mother and that the court at Patan has jurisdiction to try the petition.
Ratio Decidendi
The convenience of the wife, who resides at Patan with her aged mother and has already litigated there, is paramount; transfer of the matrimonial petition to the court at her place of residence is justified.
Judgment Excerpts
This application is filed by the Applicant/wife invoking jurisdiction of this court under Section 23 (3) read with Section 151 and Section 24 of Code of Civil Procedure,1908.
The case of the Applicant is that she is a resident of Patan, Gujrat and the Court at Patan is also having jurisdiction to entertain and try the matrimonial Petition filed by the Respondent.
Considering the convenience of the Applicant, the application is allowed.
Procedural History
The applicant wife filed Misc. Civil Application No. 36 of 2003 before the Bombay High Court seeking transfer of Hindu Marriage Petition No. A-794 of 2003 filed by the respondent husband pending before the Family Court at Bandra, Mumbai to the Court of Civil Judge (S.D.), Patan, Gujarat. The court heard the parties and allowed the application on February 15, 2005.
Acts & Sections
- Code of Civil Procedure, 1908: 23(3), 151, 24
