Case Note & Summary
The applicant wife, Sheetal Mahendra Devrukhkar, filed a miscellaneous civil application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Hindu Marriage Petition No. A/80 of 2013 pending before the 3rd Family Court at Bandra, Mumbai, to the Family Court at Nashik. The parties were married on 6th March 2006 at Bhoiwada, Mumbai. Due to alleged ill-treatment by her husband and in-laws, the wife started residing with her parents at Nashik. A male child was born from the wedlock, who was five years old and studying in a school at Nashik. The wife worked as a bus conductor earning a meager salary, while the husband worked in a private company earning approximately Rs.50,000 per month and also had agricultural income. The wife contended that she was unable to travel to Mumbai for court proceedings due to financial constraints and the need to care for her young son. The husband opposed the transfer. The court, relying on the Supreme Court judgment in T. Gayatri Devi vs. Dr. Tallepaneni Sreekanath, 2013(6) Bom.C.R. 119, held that the husband cannot force the wife to litigate at a place of his choice. Considering the wife's financial position, the child's education, and the husband's better ability to travel, the court allowed the application and transferred the divorce petition to the Family Court at Nashik. The court directed the Family Court at Nashik to expedite the hearing and dispose of the petition within six months.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 of the Code of Civil Procedure, 1908 - Matrimonial Disputes - Wife sought transfer of divorce petition from Family Court at Bandra, Mumbai to Family Court at Nashik - Wife resided at Nashik with her parents and minor son, had meager income as bus conductor, and son was studying in Nashik - Husband had higher income and could travel - Held that convenience of wife and child must be given primacy, and transfer was allowed to enable wife to defend the proceedings without hardship (Paras 1-6).
Issue of Consideration
Whether a Hindu Marriage Petition filed by the husband at Mumbai should be transferred to Nashik where the wife resides with her minor child, considering the wife's financial constraints and the child's schooling.
Final Decision
The application is allowed. Hindu Marriage Petition No. A/80 of 2013 pending before the 3rd Family Court at Bandra, Mumbai is transferred to the Family Court at Nashik. The Family Court at Nashik is directed to expedite the hearing and dispose of the petition within six months from the date of receipt of the records.
Law Points
- Transfer of proceedings
- convenience of wife
- Section 24 CPC
- matrimonial disputes
- place of residence of wife
- child's education
