Case Note & Summary
The applicant wife filed a miscellaneous civil application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of the divorce petition (HMP No. 777/2014) filed by her husband at the Court of Civil Judge, Senior Division, Kalyan, to the Family Court at Nashik. The parties were married on 17 January 2012 at Nashik and have a child born on 8 February 2013. The wife alleged harassment by the husband and his family, forcing her to leave the matrimonial home and reside with her parents in Nashik. The husband, employed at TCS Mumbai and residing at Badlapur, filed for divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 at Kalyan. The wife contended that the distance between Nashik and Kalyan is about 120 km, and she would face extreme hardship in traveling with her young child, who is 2 years and 11 months old. She also submitted medical documents showing post-pregnancy complications, malnutrition, and weakness, making travel difficult. The husband opposed the transfer, arguing that the wife had not filed any proceedings and that the distance was manageable. The court, considering the wife's health, the need to care for a small child, and the fact that she is unemployed and dependent on her parents, held that it would be just and convenient to transfer the petition to Nashik. The court allowed the application and directed the transfer of HMP No. 777/2014 from Kalyan to the Family Court at Nashik for disposal on merits.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 Code of Civil Procedure, 1908 - Transfer of Divorce Petition - Wife sought transfer of husband's divorce petition from Kalyan to Nashik due to distance, health issues, and childcare - Court allowed transfer considering wife's medical condition, young child, and hardship of travel - Held that convenience of wife and child outweighs husband's choice of forum (Paras 1-6).
Issue of Consideration
Whether the divorce petition filed by the husband at Kalyan should be transferred to Nashik for the convenience of the wife, considering her health and childcare responsibilities.
Final Decision
Application allowed. HMP No. 777/2014 pending before the Court of Civil Judge, Senior Division, Kalyan is transferred to the Family Court at Nashik for hearing and final disposal on merits.
Law Points
- Transfer of proceedings under Section 24 CPC
- convenience of wife
- hardship to woman litigant
- medical grounds for transfer
