Case Note & Summary
The applicant wife filed a miscellaneous civil application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of H.M.P. No.376 of 2013 from the Court of Civil Judge Senior Division at Wardha to the Family Court at Nagpur. The wife, Mukta alias Lata Chide, was employed as a Nurse at the Mental Hospital in Nagpur. She married the non-applicant husband, Sachin Chide, according to Hindu customs and initially lived with him at Hinganghat, District Wardha. A child was born on 15.8.2012, and the wife underwent an operation. After a dispute arose, she moved to Nagpur. The husband filed a divorce petition at Wardha. The wife argued that she had to look after her minor child and that attending court at Wardha would be inconvenient. The husband opposed the transfer, arguing that mere convenience of the wife should not be a ground. The court, after hearing both sides, allowed the application, holding that the wife's convenience and her responsibility to care for the child are paramount considerations. The court noted that the husband could conveniently attend proceedings at Nagpur. The transfer was ordered, and the Family Court at Nagpur was directed to decide the matter on merits.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 Code of Civil Procedure, 1908 - Wife's Convenience - The wife, a nurse at Nagpur, sought transfer of divorce petition filed by husband at Wardha to Nagpur. She had undergone an operation and had to care for a minor child. The court held that the wife's convenience and the need to look after the child are paramount considerations, and the husband can conveniently attend proceedings at Nagpur. Transfer allowed. (Paras 1-6)
Issue of Consideration
Whether a divorce petition pending at Wardha should be transferred to the Family Court at Nagpur on the ground of the wife's convenience, considering her employment and responsibility to look after a minor child.
Final Decision
Application allowed. H.M.P. No.376 of 2013 pending before the Court of Civil Judge Senior Division at Wardha is transferred to the Family Court at Nagpur. The Family Court at Nagpur is directed to decide the matter on merits. Rule made absolute with no order as to costs.
Law Points
- Transfer of proceedings on ground of convenience of wife
- Section 24 of Code of Civil Procedure
- 1908
- wife's convenience as paramount consideration
- minor child's welfare
