Case Note & Summary
The applicant, Smt. Vidhya Shankar Iyer, filed a miscellaneous civil application under the Civil Appellate Jurisdiction of the Bombay High Court seeking transfer of M.J. Petition No. A-502/2005 from the Family Court, Nagpur to Family Court No. 3 at Mumbai. The applicant is the wife and respondent is the husband. The applicant stated that she is jobless, has no source of income, and is solely dependent on her brother for her needs and her daughter's education. She has a three-year-old daughter studying in Junior K.G., making it difficult to travel to Nagpur for each hearing. She also expressed fear due to the behavior of her husband and in-laws during her stay in the matrimonial home. The respondent opposed the transfer, arguing that financial dependence and difficulty in travel are not sufficient grounds, citing the Supreme Court decision in Preeti Sharma v. Manjit Sharma. The court, after hearing both sides, allowed the application and ordered the transfer of the divorce petition from Nagpur to Mumbai, considering the wife's circumstances.
Headnote
A) Family Law - Transfer of Proceedings - Convenience of Wife - The court considered the wife's plea for transfer of divorce petition from Nagpur to Mumbai on grounds of her unemployment, dependence on her brother, and difficulty in traveling with a young child. The court allowed the transfer, emphasizing the need to balance convenience and ensure access to justice. (Paras 1-3)
Issue of Consideration
Whether a divorce petition filed by the husband at Nagpur should be transferred to Mumbai where the wife resides, considering her financial dependence and safety concerns.
Final Decision
The application is allowed. M.J. Petition No. A-502/2005 pending before the Family Court, Nagpur is transferred to the Family Court No. 3 at Mumbai.
Law Points
- Transfer of matrimonial proceedings
- convenience of wife
- financial dependence
- safety concerns
- Section 125 CrPC
