MP HC | Convenience of wife to be considered in case of transfer of matrimonial cases; rule to be used diligently

Madhya Pradesh High Court: Vivek Rusia, J. refused to transfer the matrimonial dispute from Mandsaur to Gwalior.

The applicant/wife has filed the present petition under Section 24 of the CPC seeking transfer Matrimonial Case No.208/2017 from Family Court, Mandsaur to Family Court, Gwalior. The petition was filed by the respondent under Section 9 as well as under Section 13 of the Hindu Marriage Act, 1955 before the Family Court, Mandsaur. After receipt of summoning the petitioner has approached this Court by way of filing petition under Section 24 of the CPC seeking transfer mainly on the ground that being a lady it is not possible for her to travel all the way from Gwalior to Mandsaur and her parents and a two-year child is dependent on her.

The Court observed that the rule is that the convenience of a wife is required to be seen in the case of transfer of matrimonial cases. However, in the present case, the applicant is not a housewife but she is holding a higher post than the husband. She is working as Sub Divisional Officer in the Public Health Engineering Department. Further, in a matrimonial case, the presence of parties are not required at every stage, they are required to be present in Court only at the time of conciliation or evidence. Therefore, the wife cannot pray for transfer of all the matters to the place where she is residing as per her own convenience. The Court, therefore, refused to transfer the petition to the Gwalior Family Court.[Monika Gautam v. Jitendra, 2019 SCC OnLine MP 1896, decided on 01-08-2019]

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