Case Note & Summary
The applicant wife, Aruna Gorakhnath Korde, filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of matrimonial proceedings bearing HMP No.57/2012 from the Court of Civil Judge Senior Division, Basmathnagar to the Court of Civil Judge Senior Division, Beed. The respondent husband, Gorakhnath Devidas Korde, had filed the divorce petition under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955. The wife contended that she was residing at her father's house in Beed, working as a teacher at Jamkhed, and had to look after her six-month-old child. She argued that traveling from Beed to Basmathnagar, a distance of approximately 195 kilometers, was inconvenient and burdensome given her responsibilities. The husband opposed the transfer. The court, after hearing both sides, noted that the wife's difficulty in traveling with a small child and her residence at Beed justified the transfer. The court allowed the application, directing the transfer of HMP No.57/2012 from Basmathnagar to Beed, and ordered the husband to pay costs of Rs. 500 to the wife.
Headnote
A) Family Law - Transfer of Matrimonial Proceedings - Section 24 CPC - Convenience of Wife - Wife sought transfer of divorce petition filed by husband under Section 13(1)(i-a) and (i-b) of Hindu Marriage Act, 1955 from Basmathnagar to Beed - Wife resided at Beed with parents, had a six-month-old child, and distance was 195 km - Court held that it is inconvenient for wife to travel such distance with a small child and allowed transfer - Held that convenience of wife is a paramount consideration (Paras 1-6).
Issue of Consideration
Whether the wife is entitled to transfer of divorce proceedings from Basmathnagar to Beed on grounds of inconvenience and having to care for a six-month-old child.
Final Decision
The application is allowed. HMP No.57/2012 pending before the Civil Judge Senior Division, Basmathnagar is transferred to the Court of Civil Judge Senior Division, Beed. The respondent shall pay costs of Rs. 500 to the applicant.
Law Points
- Transfer of matrimonial proceedings
- convenience of wife
- child care
- Section 24 CPC
- Section 13(1)(i-a) and (i-b) Hindu Marriage Act
- 1955
Case Details
2013 LawText (BOM) (07) 10
Misc.Civil Application No. 17 of 2013
Mr. Kagne Vinayak M. for Applicant, Miss. Manjushri Shendage h/f Mr.P.R.Katneshwarkar for Respondent
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Nature of Litigation
Miscellaneous Civil Application for transfer of matrimonial proceedings from one court to another.
Remedy Sought
Transfer of HMP No.57/2012 from Civil Judge Senior Division, Basmathnagar to Civil Judge Senior Division, Beed.
Filing Reason
Inconvenience to the wife in traveling 195 km from Beed to Basmathnagar with a six-month-old child.
Issues
Whether the wife is entitled to transfer of divorce proceedings on grounds of inconvenience and child care.
Submissions/Arguments
Applicant wife submitted that she resides at Beed with parents, works as a teacher at Jamkhed, has a six-month-old child, and traveling 195 km to Basmathnagar is inconvenient.
Respondent husband opposed the transfer.
Ratio Decidendi
The convenience of the wife, especially when she has a small child to care for and resides at a different location, is a paramount consideration for transfer of matrimonial proceedings under Section 24 CPC.
Judgment Excerpts
It is the case of the applicant that applicant wife is the original respondent and respondent is the original petitioner in the divorce proceedings bearing HMP No.57/2012 pending before Civil Judge Senior Division Basmathnagar filed by the respondent seeking dissolution of the marriage between the parties under section 13 (1)(i-a) and (i-b) of Hindu Marriage Act, 1955.
It is further case of the applicant that she has to look after her six months child and it is inconvenient for her to travel from Beed to Basmathnagar to attend the Court proceedings.
Therefore, this application is filed for transfer of the proceedings from Civil Judge Senior Division Basmath to Civil Judge Senior Division, Beed.
Procedural History
The respondent husband filed HMP No.57/2012 for divorce under Hindu Marriage Act before Civil Judge Senior Division, Basmathnagar. The wife filed Misc.Civil Application No. 17 of 2013 before the Bombay High Court seeking transfer of that proceeding to Beed. The High Court heard the application and allowed it on 16 July 2013.
Acts & Sections
- Code of Civil Procedure, 1908: Section 24
- Hindu Marriage Act, 1955: Section 13(1)(i-a), Section 13(1)(i-b)
