Case Note & Summary
The applicant wife, Mrs. Sayali Kuber, filed a transfer application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Hindu Marriage Petition No. 109 of 2013 from the Court of 3rd Civil Judge Senior Division, Thane to the Family Court at Nagpur. The wife was residing with her parents at Nagpur after leaving the matrimonial home, and had already filed maintenance proceedings and proceedings under the Domestic Violence Act at Nagpur. The husband had filed a petition for nullity of marriage at Thane. The husband raised a preliminary objection that the Nagpur Bench of the Bombay High Court lacked territorial jurisdiction to entertain the transfer application, as the cause of action arose at Thane and the Thane court was not subordinate to the Nagpur Bench. The court rejected this objection, holding that the High Court is one entity and its benches have jurisdiction over the entire State. On merits, the court held that in matrimonial matters, the convenience of the wife is paramount. Since the wife resided at Nagpur and had multiple proceedings pending there, transferring the husband's petition to Nagpur would avoid multiplicity of litigation and cause no prejudice to the husband, who could produce witnesses from Mumbai/Thane at Nagpur. The court allowed the transfer application and directed the transfer of the petition to the Family Court at Nagpur.
Headnote
A) Civil Procedure - Transfer of Proceedings - Territorial Jurisdiction of High Court Bench - Section 24, Code of Civil Procedure, 1908 - The Nagpur Bench of the Bombay High Court has jurisdiction to entertain a transfer application for a case pending at Thane, as the High Court is one entity and the Bench exercises jurisdiction over the entire State of Maharashtra. The objection based on subordination of courts is not sustainable. (Paras 7-10) B) Family Law - Transfer of Matrimonial Petition - Convenience of Wife - Section 25, Code of Civil Procedure, 1908 - In matrimonial matters, the convenience of the wife is a paramount consideration. The wife, residing at Nagpur with her parents, has filed multiple proceedings at Nagpur, and transferring the husband's petition from Thane to Nagpur would avoid multiplicity of litigation and hardship to the wife. (Paras 11-12)
Issue of Consideration
Whether the Nagpur Bench of the Bombay High Court has territorial jurisdiction to entertain a transfer application for a matrimonial petition pending at Thane, and whether the petition should be transferred to Nagpur for the wife's convenience.
Final Decision
The preliminary objection regarding territorial jurisdiction was rejected. The transfer application was allowed. Hindu Marriage Petition No. 109 of 2013 pending before the 3rd Civil Judge Senior Division, Thane was ordered to be transferred to the Family Court at Nagpur for disposal in accordance with law.
Law Points
- Transfer of matrimonial proceedings
- territorial jurisdiction of High Court benches
- convenience of wife as paramount consideration
- Section 24 CPC
- Section 25 CPC
