Case Note & Summary
The applicant, Megha w/o Madan Nayak, filed a Misc. Civil Application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of H.M.P. No.158/2012 pending before the Civil Judge, Senior Division, Washim to the Court of 2nd Jt. Civil Judge, Senior Division, Nanded. She claimed to be the legally wedded wife of the respondent, Madan s/o Rustumrao Nayak, and stated that their marriage took place on 23rd of an unspecified month. The applicant resided at Hadgaon, District Nanded, while the respondent resided at Risod, District Washim. She contended that it was difficult for her to travel from Nanded to Washim for each hearing. The respondent opposed the transfer, arguing that the court at Washim had jurisdiction. The Court, after hearing both sides, allowed the application, holding that in matrimonial proceedings, the convenience of the wife is of paramount importance and that the court at the wife's residence also has jurisdiction. The Court directed the transfer of the case from Washim to Nanded for final adjudication.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 CPC - Wife's Convenience - The wife sought transfer of H.M.P. No.158/2012 from Civil Judge, Senior Division, Washim to 2nd Jt. Civil Judge, Senior Division, Nanded on grounds that she resides at Hadgaon, Nanded and it is difficult for her to travel to Washim. The Court allowed the transfer, holding that in matrimonial matters, the wife's convenience is paramount and the court at her residence has jurisdiction. (Paras 2-5)
Issue of Consideration
Whether a Hindu Marriage Petition filed by the husband at Washim should be transferred to Nanded at the instance of the wife for her convenience.
Final Decision
The Misc. Civil Application is allowed. H.M.P. No.158/2012 pending before the Civil Judge, Senior Division, Washim is transferred to the Court of 2nd Jt. Civil Judge, Senior Division, Nanded for final adjudication. Rule made absolute accordingly.
Law Points
- Transfer of matrimonial proceedings
- wife's convenience
- jurisdiction under Section 24 CPC
- residence of wife
