Case Note & Summary
The applicant, Rowena, wife of the non-applicant Amrinder Singh, filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Hindu Marriage Petition No.244/2016 pending before the Civil Judge, Senior Division, Panvel, to the Civil Judge, Senior Division, Chandrapur. The marriage was solemnized on 21.11.2011, and the couple has a daughter aged about 5 years. The applicant alleged that she was harassed by her husband for money and that she suffered a cardiac arrest in 2015, requiring implantation of an AICD device with a pacemaker. She claimed that despite her serious ailment, the non-applicant harassed her physically and sexually, leading her to lodge police reports. She resides with her daughter at her parental home in Chandrapur and is undergoing medical treatment at Chandrapur and Nagpur. The non-applicant opposed the transfer, arguing that the petition was filed at Panvel where he resides and that the applicant had previously attended court there. The court considered the applicant's medical condition, the distance between Panvel and Chandrapur, and the fact that she has a minor daughter. The court held that the balance of convenience lies in favour of the wife and allowed the transfer, directing that the Hindu Marriage Petition be transferred from Panvel to Chandrapur for disposal in accordance with law.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 of Code of Civil Procedure, 1908 - Transfer of divorce petition - Wife sought transfer of Hindu Marriage Petition from Panvel to Chandrapur due to her serious medical condition (cardiac ailment with AICD device) and inability to travel - Court held that the wife's medical condition and the fact that she resides with her minor daughter at Chandrapur make it convenient to transfer the case to Chandrapur - Held that the balance of convenience lies in favour of the wife (Paras 1-5).
Issue of Consideration
Whether the Hindu Marriage Petition pending at Panvel should be transferred to Chandrapur on the ground of the wife's medical condition and convenience.
Final Decision
The application is allowed. Hindu Marriage Petition No.244/2016 pending on the file of learned Civil Judge, Senior Division, Panvel is transferred to the file of learned Civil Judge, Senior Division, Chandrapur for disposal in accordance with law.
Law Points
- Transfer of proceedings under Section 24 CPC
- convenience of wife
- medical condition of applicant
- balance of convenience
Case Details
2017 LawText (BOM) (09) 240
Misc. Civil Application No.870 of 2016
Shri Rohit Joshi a/w Shri S.R. Renu, Advocates for Applicant, Shri C.B. Dharmadhikari a/w Ms. G.B. Dharmadhikari, Advocates for Non-Applicant
Rowena w/o Amrinder Singh
Amrinder s/o Darshan Singh
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Nature of Litigation
Application under Section 24 of the Code of Civil Procedure, 1908 for transfer of a Hindu Marriage Petition from Panvel to Chandrapur.
Remedy Sought
Transfer of Hindu Marriage Petition No.244/2016 from the file of learned Civil Judge, Senior Division, Panvel to the file of learned Civil Judge, Senior Division, Chandrapur.
Filing Reason
The applicant-wife suffers from a serious cardiac ailment and is undergoing treatment at Chandrapur and Nagpur; she resides with her minor daughter at her parental home in Chandrapur and finds it difficult to travel to Panvel for court proceedings.
Issues
Whether the Hindu Marriage Petition pending at Panvel should be transferred to Chandrapur on the ground of the wife's medical condition and convenience.
Submissions/Arguments
Applicant submitted that she suffered cardiac arrest in 2015, requires an AICD device, and is undergoing treatment at Chandrapur and Nagpur; she resides with her minor daughter at Chandrapur and cannot travel to Panvel.
Non-applicant opposed the transfer, stating that the petition was filed at Panvel where he resides and that the applicant had previously attended court there.
Ratio Decidendi
The balance of convenience lies in favour of the wife, considering her serious medical condition, the fact that she resides with her minor daughter at Chandrapur, and the distance between Panvel and Chandrapur. The court held that the wife's convenience should be given precedence in transfer matters under Section 24 CPC.
Judgment Excerpts
This application under section 24 of the Code of Civil Procedure is filed for transfer of Hindu Marriage Petition No.244/2016 pending on the file of learned Civil Judge, Senior Division, Panvel to the file of learned Civil Judge, Senior Division, Chandrapur.
Considering the facts and circumstances of the case, the application deserves to be allowed.
Procedural History
The applicant-wife filed Misc. Civil Application No.870 of 2016 under Section 24 CPC seeking transfer of Hindu Marriage Petition No.244/2016 from Panvel to Chandrapur. The non-applicant-husband opposed the transfer. After hearing both sides, the court allowed the application on 20.09.2017.
Acts & Sections
- Code of Civil Procedure, 1908: Section 24
