Case Note & Summary
This criminal original petition was filed by the husband under Sections 447(1)(c) and 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023, seeking to withdraw and transfer a maintenance case (M.C.No.85 of 2024) from the Family Court, Tiruchirappalli, to the Family Court, Coimbatore. The petitioner (husband) and respondent (wife) are entangled in a matrimonial dispute. The wife had instituted a maintenance case before the Family Court at Tiruchirappalli. The husband, residing in Coimbatore and having custody of their four-year-old daughter, contended that travelling from Coimbatore to Trichy for court hearings, alongside childcare responsibilities, caused him significant hardship. Consequently, he prayed for transfer of the proceedings. The respondent opposed the transfer, arguing that if the case were moved to Coimbatore, she would be compelled to travel over 200 km, causing equal inconvenience. The core legal issue was whether to transfer the maintenance case on grounds of the husband's inconvenience, given the wife's parallel hardship. The court, after hearing both sides, observed that both parties would have to travel distances exceeding 200 km regardless of the venue. It reasoned that transferring the case would merely shift the burden from one party to the other, failing to achieve a just balance. Instead of transfer, the court deemed it appropriate to dispense with the personal appearance of the petitioner before the trial court. It directed that the Family Court, Tiruchirappalli, may issue summons for the petitioner's appearance only when his presence is deemed absolutely necessary. The court disposed of the petition with this direction, closing the connected miscellaneous petition. The decision highlights the discretionary power of the court to fashion relief that equitably addresses the practical difficulties of litigants in matrimonial matters, preferring procedural accommodation over outright transfer when both sides face symmetric travel burdens.
Headnote
A) Transfer Petition - Maintenance Case under Section 125 Cr.P.C. - Transfer not granted when both parties are inconvenienced - Code of Criminal Procedure, 1973, Section 125; Bhartiya Nagarik Suraksha Sanhita, 2023, Sections 447(1)(c), 528 - The husband sought transfer of the maintenance case from Trichy to Coimbatore citing travel difficulty; the wife objected as she would then have to travel over 200 km. The court balanced hardships and directed that personal appearance of the husband be dispensed with, and he be summoned only if his presence is essential, thus disposing of the petition. Held that transfer is not appropriate when both parties face travel burden. (Paras 5-6)
Issue of Consideration
Whether a maintenance case pending before Family Court, Tiruchirappalli, should be transferred to Family Court, Coimbatore, given that both parties would have to travel over 200 km.
Final Decision
Criminal Original Petition disposed of; prayer for transfer not granted; personal appearance of petitioner before Family Court, Tiruchirappalli dispensed with; trial court may summon petitioner as and when required.
Law Points
- Legal points not extracted
- inherent powers under BNSS to dispense with personal appearance
- balancing hardship of parties
- transfer not granted when both would suffer inconvenience
