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2005 Supreme(SC) 1890

S.N.VARIAVA, H.K.SEMA
Rajani Kishor Pardeshi – Appellant
Versus
Kishor Babulal Pardeshi – Respondent


JUDGMENT :

S.N. Variava, J.

Heard parties.

2. This is wife's Petition for transfer of Hindu Marriage Petition No.6 of 2004 Shri Kishor Babulal Pardeshi v. Rajani Kishor Pardeshi pending before the Court of Civil Judge, Senior Division at Panvel, Mumbai, Maharashtra to the Family Court of proper jurisdiction at Satana, Madhya Pradesh on the ground that she does not have financial capacity to contest the litigation at Mumbai and that she is staying with her brother. She claims that her brother is unable to accompany her as he is also financially weak.

3. The husband opposes the transfer on the ground that it is equally inconvenient for him to go to Satana and that he is willing to pay the expenses for her travel to Mumbai.

4. In this type of matters, the convenience of the wife is to be preferred over the convenience of the husband. Hindu Marriage Petition No.6 of 2004, Shri Kishor Babulal Pardeshi v. Rajani Kishor Pardeshi pending before the Court of Civil Judge, Senior Division at Panvel, Mumbai, Maharashtra is transferred to the Family Court of proper jurisdiction at Satana, Madhya Pradesh.

5. The Transfer Petition is accordingly allowed.

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