Case Note & Summary
The applicant-wife, Mrs. Sharda Vaibhav Karandikar, filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of HMP No.281 of 2014, a petition for restitution of conjugal rights filed by her husband, Mr. Vaibhav Kiran Karandikar, from the court of learned Civil Judge Senior Division at Akola to the court of learned Civil Judge Senior Division at Darwha, District Yavatmal. The marriage was solemnized between the parties, and initially, the husband and his parents behaved properly. However, subsequently, they started harassing the wife on account of dowry, forcing her to leave the matrimonial home and reside with her parents at Digras. The wife expressed willingness to cohabit with her husband provided he files an undertaking before the court below that he and his parents will not harass her mentally or physically in the future. She also submitted that she has a one-and-a-half-year-old child to look after, making it difficult for her to travel the distance of about 150 kilometers from Digras to Akola to attend the proceedings. The husband opposed the transfer, but the court, considering the wife's convenience and the need to protect her from harassment, allowed the application and directed the transfer of the proceedings from Akola to Darwha. The court held that in matrimonial matters, the convenience of the wife is of paramount importance, and the distance and the presence of a young child justified the transfer.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 CPC - Matrimonial Dispute - Wife sought transfer of HMP No.281/2014 from Akola to Darwha due to distance of 150 km and need to care for infant child - Court allowed transfer considering wife's convenience and safety - Held that in matrimonial matters, convenience of wife is paramount (Paras 3-6).
Issue of Consideration
Whether the matrimonial proceedings for restitution of conjugal rights pending at Akola should be transferred to Darwha, District Yavatmal, on the ground of inconvenience and harassment faced by the wife.
Final Decision
The application is allowed. HMP No.281 of 2014 pending before learned Civil Judge Senior Division at Akola is transferred to learned Civil Judge Senior Division at Darwha, District Yavatmal. Rule made absolute accordingly. No order as to costs.
Law Points
- Transfer of proceedings
- convenience of wife
- distance as hardship
- Section 24 CPC
- matrimonial disputes
