Case Note & Summary
The applicant wife and respondent husband married on 3 July 2011 at Aurangabad. After marriage, the wife resided with the husband at Parbhani. On 16 April 2012, the wife went with the husband to Solapur, but thereafter she was forced to leave the matrimonial home and has been residing with her parents at Aurangabad. The husband filed a divorce petition (Hindu Marriage Petition No. 131 of 2012) before the Civil Judge, Senior Division, Parbhani. The wife filed the present application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of that petition to the Family Court at Aurangabad. The wife contended that she has no independent income, is unable to bear travel expenses, has a small child to care for, and that her parents are old and cannot accompany her. The husband opposed the transfer, arguing that the wife is educated and can travel. The court considered the principles governing transfer under Section 24 CPC, noting that the convenience of the wife is a paramount consideration, especially when she has no independent income and has to travel with a child. The court found that the balance of convenience was in favor of the wife and that she would suffer hardship if required to travel to Parbhani. Accordingly, the court allowed the application and directed the transfer of Hindu Marriage Petition No. 131 of 2012 from the Civil Judge, Senior Division, Parbhani to the Family Court at Aurangabad. The court also directed the Family Court at Aurangabad to decide the petition expeditiously, preferably within six months from the date of receipt of the record.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 CPC - Transfer of divorce petition from Parbhani to Aurangabad - Wife sought transfer on grounds of lack of independent income, inability to travel, and need to care for minor child - Court held that convenience of wife must be considered, especially when she has no independent income and has to travel with a child - Petition allowed (Paras 2-5).
Issue of Consideration
Whether the divorce petition filed by the husband at Parbhani should be transferred to Aurangabad at the wife's request on grounds of her convenience and inability to travel.
Final Decision
Application allowed. Hindu Marriage Petition No. 131 of 2012 pending before Civil Judge, Senior Division, Parbhani is transferred to Family Court at Aurangabad. Family Court to decide expeditiously, preferably within six months from receipt of record.
Law Points
- Transfer of proceedings
- convenience of wife
- Section 24 CPC
- Section 19 Hindu Marriage Act
- 1955
- hardship
- balance of convenience
