Case Note & Summary
The applicant, Sau. Kalpna w/o Pankaj Rozatkar, filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Hindu Marriage Petition No. 161 of 2007 from the Court of Civil Judge, Senior Division, Kalyan to the Court of Civil Judge, Senior Division, Jalgaon. The petition was filed by her husband, Pankaj s/o Supadu Rozatkar, for divorce. The applicant wife resided at Jalgaon with her parents, had no independent income, and faced difficulty in traveling to Kalyan due to financial constraints and lack of male escort. The respondent husband was employed and could travel. The court considered the facts and the legal position that in matrimonial proceedings, the wife's convenience should be given precedence. The court allowed the application, directing transfer of the petition to Jalgaon, and made rule absolute with no order as to costs.
Headnote
A) Family Law - Transfer of Matrimonial Proceedings - Section 24 CPC, Section 19 Hindu Marriage Act, 1955 - Wife's Convenience - The wife sought transfer of the husband's divorce petition from Kalyan to Jalgaon, citing her residence at Jalgaon, lack of independent income, and difficulty in traveling. The court allowed the transfer, holding that the wife's convenience must be given precedence in matrimonial matters, especially when she has no source of income and the husband can travel. (Paras 2-4)
Issue of Consideration
Whether the Hindu Marriage Petition pending at Kalyan should be transferred to Jalgaon for the convenience of the wife-applicant.
Final Decision
The application is allowed. Hindu Marriage Petition No. 161 of 2007 pending before the Court of Civil Judge, Senior Division, Kalyan is transferred to the Court of Civil Judge, Senior Division, Jalgaon. Rule made absolute. No order as to costs.
Law Points
- Transfer of matrimonial proceedings
- convenience of wife
- Section 24 CPC
- Section 19 Hindu Marriage Act
- 1955
Case Details
2013 LawText (BOM) (07) 9
Misc. Civil Application No. 53 of 2012
Mr. Vinod P. Patil for applicant, Mr. D.S. Pawar holding for Mr. K.C. Sant for respondent
Sau. Kalpna w/o Pankaj Rozatkar
Pankaj s/o Supadu Rozatkar
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Nature of Litigation
Application for transfer of matrimonial proceedings from one court to another.
Remedy Sought
Transfer of Hindu Marriage Petition No. 161 of 2007 from Kalyan to Jalgaon.
Filing Reason
Wife's inconvenience and hardship in traveling to Kalyan due to lack of income and escort.
Issues
Whether the Hindu Marriage Petition should be transferred from Kalyan to Jalgaon for the convenience of the wife.
Submissions/Arguments
Applicant wife submitted that she resides at Jalgaon with her parents, has no independent income, and cannot afford to travel to Kalyan for each hearing.
Respondent husband opposed the transfer, but the court noted he is employed and can travel.
Ratio Decidendi
In matrimonial proceedings, the convenience of the wife must be given precedence, especially when she has no independent income and the husband is capable of traveling.
Judgment Excerpts
This application is filed for transfer of the proceedings of Hindu Marriage Petition No. 161 of 2007 pending before the Court of the Civil Judge, Senior Division, Kalyan to the Court of the Civil Judge, Senior Division, Jalgaon.
The applicant wife has no independent source of income and it is difficult for her to travel to Kalyan for each and every date of hearing.
In the facts and circumstances of this case, the application deserves to be allowed.
Procedural History
The applicant wife filed Misc. Civil Application No. 53 of 2012 under Section 24 CPC seeking transfer of Hindu Marriage Petition No. 161 of 2007 from Kalyan to Jalgaon. The court heard both sides and allowed the application on 10th July 2013.
Acts & Sections
- Code of Civil Procedure, 1908: Section 24
- Hindu Marriage Act, 1955: Section 19
