Case Note & Summary
The applicant, Sunita Manoj Goud, filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Hindu Marriage Petition No.258 of 2011 from the Civil Judge, Senior Division, Dhule to the Civil Judge, Senior Division, Kopargaon. The applicant and respondent were married on 20th April 2006 at Fattepur, Rajasthan, and after marriage resided at Dhule. They have two daughters, Disha (three years old) and Janvi (eight months old at the time of filing). The applicant alleged that the respondent subjected her to cruelty and harassment for bringing insufficient dowry, and she was forced to leave the matrimonial home and reside with her parents at Shirdi, which falls under the jurisdiction of Kopargaon court. The respondent filed the Hindu Marriage Petition for restitution of conjugal rights at Dhule. The applicant contended that she had no independent income, had to travel 150 km from Shirdi to Dhule with two minor daughters, and faced safety issues. The respondent opposed the transfer, arguing that the applicant had filed a criminal complaint at Dhule and that the distance was not a hardship. The court considered the convenience of the wife, the need to care for young children, and the fact that the wife had to travel with infants. The court held that the wife's convenience should be given precedence and allowed the transfer, directing that the petition be transferred from Dhule to Kopargaon. The court also directed the parties to appear before the transferee court on 6th May 2013.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 CPC - Convenience of Wife - The wife sought transfer of a Hindu Marriage Petition filed by the husband from Dhule to Kopargaon, where she resided with her minor daughters. The court held that the wife's convenience and safety, along with the need to care for young children, outweighed the husband's convenience, and allowed the transfer. (Paras 5-7)
Issue of Consideration
Whether the Hindu Marriage Petition pending before the Civil Judge, Senior Division, Dhule should be transferred to the Court of Civil Judge, Senior Division, Kopargaon on the ground of convenience of the wife and her minor children.
Final Decision
The court allowed the application and directed that Hindu Marriage Petition No.258 of 2011 pending before the Civil Judge, Senior Division, Dhule be transferred to the Court of Civil Judge, Senior Division, Kopargaon. The parties were directed to appear before the transferee court on 6th May 2013.
Law Points
- Transfer of matrimonial proceedings
- convenience of wife
- Section 24 CPC
- Hindu Marriage Act
- 1955
