Case Note & Summary
The applicant wife filed an application under the Hindu Marriage Act seeking transfer of divorce proceedings from the Family Court at Nagpur to Gondia. She claimed she came from a poor family and could not afford travel from Gondia to Nagpur, a distance of 154 km taking about 3 hours by road. She argued that the journey was inconvenient for her as a lady. The respondent husband opposed the transfer, stating he suffered from systemic hypertension certified by a specialist consultant, making travel to Gondia physically uncomfortable. The court noted that the wife's grounds were general and lacked specific reasons for inconvenience. It observed that roads are generally good and both places are well-connected by trains. The court also noted that the wife could seek travel expenses from the husband. Regarding the husband's medical certificate, although it lacked the doctor's name, the court found the wife's objections insufficient to disregard it entirely. Balancing the interests, the court dismissed the application, holding that the wife failed to provide proper justification for transfer.
Headnote
A) Family Law - Transfer of Proceedings - Inconvenience of Journey - Wife's application for transfer of divorce case from Nagpur to Gondia dismissed for lack of specific reasons - General statement of poverty and 3-hour journey insufficient - Court cannot presume hardship for every lady - Respondent husband's medical condition considered - Held that applicant must offer proper justification to balance interests (Paras 1-3).
Issue of Consideration
Whether the wife's application for transfer of divorce proceedings from Nagpur to Gondia should be allowed on grounds of financial hardship and inconvenience of travel.
Final Decision
The application for transfer is dismissed.
Law Points
- Transfer of matrimonial proceedings
- inconvenience of journey
- burden of proof on applicant
- balancing interests of parties
- general presumption not available
