Case Note & Summary
The applicant, Snehal Omprakash Kothekar, wife of the respondent Omprakash Domaji Kothekar, filed a Misc. Civil Application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of Hindu Marriage Petition No. 152 of 2012 pending before the learned Joint Civil Judge, Senior Division, Amravati to the Family Court at Nanded or any competent court at Nanded. The applicant contended that she was residing at Nanded with her parents, had no independent income, and was unable to travel to Amravati due to financial constraints and safety concerns. She also alleged that the respondent had filed the petition at Amravati despite the marriage being performed at Nanded and the parties having last resided together at Nanded. The respondent opposed the transfer, arguing that the applicant had previously filed proceedings at Nanded and that the distance between Nanded and Amravati was not substantial. The court, after considering the submissions and the fact that the wife's convenience and safety are paramount, allowed the application and directed the transfer of the petition from Amravati to the Family Court at Nanded. The court observed that the wife's difficulty in traveling and her safety concerns justified the transfer, and that the respondent could conveniently attend the proceedings at Nanded.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 CPC - Convenience of Wife - The wife sought transfer of Hindu Marriage Petition No. 152 of 2012 from Amravati to Nanded on grounds of her residence, lack of independent income, and safety concerns. The court held that the wife's convenience and safety must be given due weight, and allowed the transfer to Nanded. (Paras 2-5)
Issue of Consideration
Whether the Hindu Marriage Petition pending at Amravati should be transferred to Nanded for the convenience of the wife-applicant.
Final Decision
Application allowed. Hindu Marriage Petition No. 152 of 2012 pending before the Joint Civil Judge, Senior Division, Amravati is transferred to the Family Court at Nanded.
Law Points
- Transfer of proceedings
- convenience of wife
- Section 24 CPC
- Hindu Marriage Act
- 1955
