Case Note & Summary
The applicant wife filed a Misc. Civil Application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of Hindu Marriage Petition No. 343 of 2012 filed by the respondent husband for annulment of marriage, pending before the Court of Civil Judge, Senior Division, Jalgaon, to the Family Court, Aurangabad. The wife contended that after her marriage, she resided with her husband at Pachora, District Jalgaon, but due to ill-treatment and harassment, she was forced to leave the matrimonial home and now resides at Aurangabad with her parents. She has no independent income and depends on her parents for support. She also expressed apprehension of danger to her life if she travels to Jalgaon to attend court proceedings. The husband opposed the transfer, arguing that the wife had filed a false complaint against him and his family members. The court, considering the wife's convenience, safety, and lack of independent income, held that the wife's convenience should be given paramount importance in matrimonial matters. The court allowed the application and directed the transfer of the petition from Jalgaon to the Family Court, Aurangabad, with a direction to the Family Court to decide the petition expeditiously.
Headnote
A) Transfer of Matrimonial Proceedings - Convenience of Wife - Section 24 CPC, Section 19 Hindu Marriage Act, 1955 - The wife sought transfer of the husband's petition for annulment of marriage from Jalgaon to Aurangabad, citing her residence at Aurangabad, lack of independent income, and safety concerns. The court held that the wife's convenience and safety must be given paramount consideration, and allowed the transfer. (Paras 2-5)
Issue of Consideration
Whether a Hindu Marriage Petition filed by the husband at Jalgaon should be transferred to the Family Court at Aurangabad at the instance of the wife on grounds of her convenience and safety.
Final Decision
The application is allowed. Hindu Marriage Petition No. 343 of 2012 pending before the Court of Civil Judge, Senior Division, Jalgaon is withdrawn and transferred to the Family Court, Aurangabad. The Family Court is directed to decide the petition expeditiously. Rule made absolute accordingly.
Law Points
- Transfer of matrimonial proceedings
- convenience of wife
- Section 24 CPC
- Section 19 Hindu Marriage Act
- 1955
