Case Note & Summary
The applicants, Smt. Irene Blanch Khera (wife) and her minor daughter Samaira Keira Glenn Souza Ticlo, filed an application under Section 24 of the Code of Civil Procedure, 1908 (CPC) seeking transfer of Matrimonial Petition No.84/2018/C from the Court of Civil Judge, Senior Division, Mapusa, North Goa to the Family Court, Bandra, Mumbai. The respondent, Glenn John Vijay Ambrose e Sousa Ticlo, is the husband and a sitting MLA in Goa. The marriage was registered under the Civil Registration Services of Goa on 14 July 2006, followed by a church wedding on 24 December 2006. The couple resided in Goa, and their daughter was born and educated there. The wife alleged that she faced serious threats to her safety and that of her daughter, prompting her to flee to Mumbai. She claimed to have made three complaints to the local police, but due to the respondent's influence as an MLA, no action was taken. The respondent also allegedly threatened to kidnap the daughter. Consequently, the wife and daughter moved to Mumbai, where the daughter was admitted to a school. The wife contended that she had no source of income and could not afford to travel to Goa for court proceedings, especially given the safety risks. The respondent opposed the transfer, arguing that the wife had voluntarily left the matrimonial home and that the court in Goa had jurisdiction. The court considered the convenience of the wife and minor child, the safety concerns, and the fact that the wife was residing in Mumbai with no means to travel. The court held that the balance of convenience was in favour of the applicants and that the transfer was necessary to avoid hardship. The application was allowed, and the Matrimonial Petition was transferred to the Family Court, Bandra, Mumbai.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 CPC - Matrimonial Petition - Wife sought transfer of divorce petition filed by husband in Goa to Family Court in Mumbai on grounds of safety threats and inconvenience - Court held that the wife's safety concerns and the minor daughter's education and convenience warrant transfer - Held that the balance of convenience is in favour of the wife and child, and transfer is necessary to avoid hardship (Paras 1-18).
Issue of Consideration
Whether the Matrimonial Petition No.84/2018/C pending before the Civil Judge, Senior Division, Mapusa, North Goa should be transferred to the Family Court, Bandra, Mumbai under Section 24 of the Code of Civil Procedure, 1908.
Final Decision
The application is allowed. Matrimonial Petition No.84/2018/C pending before the Court of Civil Judge, Senior Division, Mapusa, North Goa is transferred to the Family Court, Bandra, Mumbai.
Law Points
- Transfer of matrimonial petition under Section 24 CPC
- convenience of wife and minor child
- safety concerns
- jurisdiction of Family Court
