Convenience Of Wife A Major Factor While Considering Application For Transfer: Bombay High Court
The Bombay High Court has observed that the convenience of the wife is a major factor while considering the application for transfer.
The Court was hearing a plea filed by the wife by which she prayed that the case before the trial court should be transferred from Pune to Panvel.
A Single Bench of Justice Amit Borkar asserted, “… undisputedly, the applicant is residing at Panvel. Merely because while she was working she used to travel to Pune does not disentitle her from seeking transfer of proceeding from Pune to Panvel. Convenience of the wife would be major factor while considering the application for transfer. The applicant is residing at Panvel and it would be inconvenient for her to travel to Pune and even otherwise husband is required to attend proceedings pending before criminal courts at Panvel.”
The Bench further held that the judgments relied upon by the respondent in absence of the absolute prepositions of law would be of no help to him.
Advocate Ravi L. Jadhav appeared for the applicant while Advocate Abhijit D. Sarwate appeared for the respondent.
In this case, the application was filed by the wife for transfer of Marriage Petition filed by husband at Family Court, Pune to Civil Judge, Senior Division, Panvel. The transfer was sought on the ground that it was inconvenient for her to travel to Pune to attend the hearing on each and every date and that she was dependent on her parents for the purpose of income.
The husband filed reply and contested the application stating that there was suppression of material facts. He further stated that it would be inconvenient for him to travel to Panvel, as he used to take care of his mother and his wife had already travelled to various states in India and to Malaysia.
The High Court after hearing the contentions of both parties noted, “In so far as the judgments relied upon by the opponent are concerned, there is neither a ratio nor clear preposition of law laid down by the Supreme Court which disentitles wife from seeking transfer of matrimonial proceedings on the ground of convenience.”
The Court further observed the settled principle of law that ordinarily the convenience of the wife needs to be considered while deciding an application for transfer of proceedings.
The Court, however, allowed the husband to file an appropriate application before the Criminal Court to fix the matters pending before it on the same day fixed by Civil Judge, Senior Division Panvel, and directed the criminal court to list the matter on the same date if possible.
Accordingly, the Court allowed the application of the wife.
Cause Title- Arundhati Devendra Pathak v. Devendra Niteen Phatak