Convenience Of Wife Has To Be Given Preference While Transferring Cases In Matrimonial Disputes- Delhi HC
The Delhi High Court has observed that the convenience of the wife has to be given preference while transferring cases in matrimonial disputes.
Justice Dinesh Kumar Sharma while holding so, observed-
"The exercise of the jurisdiction while transferring the petition particularly in the matrimonial disputes, has to be undertaken in such a manner that there should not be any inconvenience caused to either of the parties. It is a settled practice that in such matters, the convenience of the wife has to be seen more. The request of the petitioner-wife can be declined only if there are weighty reasons behind the same."
In this case, the Petitioner a 68-year-old lady had moved the Court to transfer her Civil Suit titled "Sh. Ravindra Bhushan Joshi v. Smt. Sarita Joshi" pending before the Principal Judge, Family Court, South West District, Dwarka Courts to the Principal Judge, Family Court, East District of Karkardooma Court.
Advocate R.S. Juneja appeared for the Petitioner while Advocate D.K. Sharma appeared for the Respondent in person before the Court.
It was submitted before the Court that in the Karkardooma Court, the Petition under Section 12 of the Domestic Violence Act 2005 and Petition under Section 125 CrPC are pending. It was also submitted that since the Petitioner is of 68 years of age, and two litigations are also pending in the Karkardooma Court, the present suit may be transferred to the same.
While the Counsel for the Respondent had opposed the same. He argued that the Respondent-Husband is of 72 years of age and the Petitioner-Wife is enjoying all the benefits and the transfer application has been moved just to harass the Respondent.
The Court noted that the exercise of jurisdiction while transferring the petition, particularly in matrimonial disputes has to be undertaken in such a manner, that there should not be any inconvenience caused to either of the parties. However, in such cases, the convenience of the wife has to be given preference.
Thus, the Court observed, "I do not see any reason in the present case to decline the request of the petitioner-wife for transfer of the case. Hence, the CS No.6 of 2020 titled as Sh. Ravindra Bhushan Joshi v. Smt. Sarita Joshi pending before the Principal Judge, Family Court, South West District, Dwarka Courts is withdrawn and assigned to the Principal Judge, Family Court, East District of Karkardooma Court."
The Court accordingly allowed the transfer petition and directed the parties to appear before the Karkardooma Court on October 27th, 2022.
Cause Title – Smt. Sarita Joshi v. Ravindra Bhushan Joshi