Case Note & Summary
The applicant, Sunanda Dasgupta, wife of the respondent Tapashankar Dasgupta, filed an application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of two pending proceedings from Nashik to the Family Court at Pune. The first proceeding was Civil Misc. Application No. 213 of 2003 filed by the husband under Sections 7 and 25 of the Guardian and Wards Act, 1890 for declaration of guardianship and custody of the minor child, pending before the 4th Additional District Judge, Nashik. The second proceeding was an application filed by the wife under Section 125 of the Code of Criminal Procedure, 1973 for maintenance, pending before the Chief Judicial Magistrate at Nashik. The wife contended that she was residing in Pune with the minor child and it was extremely difficult for her to travel to Nashik for each hearing, especially with the child. She also expressed safety concerns. The husband opposed the transfer, arguing that he was based in Kolkata and would have to travel to Pune, which was inconvenient. The court, after hearing both sides, held that the balance of convenience was in favour of the wife. The court noted that the wife had to travel with a minor child and that the husband, being an earning member, could conveniently travel to Pune. The court also observed that the Family Court at Pune had jurisdiction to entertain both matters. Accordingly, the court allowed the application and directed the transfer of both proceedings to the Family Court at Pune. The court further directed the Family Court to expedite the hearing and dispose of the matters as early as possible.
Headnote
A) Family Law - Transfer of Proceedings - Section 24 CPC - Transfer of guardianship and maintenance proceedings - Wife sought transfer from Nashik to Pune citing difficulty in traveling with minor child and safety concerns - Court held that balance of convenience lies in favour of the wife, especially when she has to travel with a minor child and the husband can conveniently travel to Pune - Transfer allowed (Paras 1-5).
Issue of Consideration
Whether the guardianship and maintenance proceedings pending at Nashik should be transferred to the Family Court at Pune for the convenience of the wife-applicant.
Final Decision
Application allowed. Civil Misc. Application No. 213 of 2003 pending before the 4th Additional District Judge, Nashik, and the maintenance application under Section 125 CrPC pending before the Chief Judicial Magistrate, Nashik, are transferred to the Family Court at Pune. The Family Court is directed to expedite the hearing and dispose of the matters as early as possible.
Law Points
- Transfer of proceedings under Section 24 CPC
- convenience of wife
- balance of convenience
- jurisdiction of Family Court
