Can’t Transfer Matrimonial Case Because Husband’s Posting Has Changed; Wife’s Convenience To Be Considered Primarily

The Allahabad High Court in its recent order has observed that a matrimonial dispute case cannot be transferred according to convenience of a husband, merely because he has now been posted to a different location. 

 

This assertion came from the Bench of Justice J. J. Munir, that was hearing the plea of Surendra Singh (husband) seeking transfer of a divorce case filed by him u/s 13 of the Hindu Marriage Act, 1955 from the court of Principal Judge, Family Court, Hapur to Banda or any other adjoining district.

The husband submitted to the high court that he was not in a position to pursue the case at Hapur because he is currently posted at district Banda (600 kms away) and therefore, he sought the transfer of the case from Hapur to Banda or to any other district neighbouring the district of Banda.

It was also argued by him that if the case is transferred to Banda, then both the parties can pursue the case with convenience at Banda because the opposite party (estranged wife) also resides at Rewa (M.P.) which adjoins Banda (190 kms).

Arguments by Wife

On the other hand, the counsel for the estranged wife submitted that merely because the applicant has been transferred from Hapur to Banda, he cannot ask for the transfer of this case. (Rewa to Hapur – 870 kms).

Allahabad High Court

At the outset, the high court agreed with the contention put forth by the wife that merely because the husband has now been posted to a different station, the case cannot be transferred according to his convenience. The court observed,

 

Convenience of Wife

The high court noted that three cases between the estranged couple are presently pending at Hapur and thus it felt that it would be convenient for both parties to pursue all the three cases at Hapur, particularly, once the wife finds it to be convenient there.

The court further remarked,

The wife’s convenience requires to be particularly considered in matters of venue of proceedings in matrimonial causes, while considering a transfer plea.

Lastly, dismissing the plea filed by the husband, the high court opined that both parties can request the Courts at Hapur to fix an identical date in all the cases in order to enable both parties to attend and effectively defend there.

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