In matters of transfer, the convenience of the wife is to be given preference over the convenience of the husband.

Headnote:
Transfer - Hindu Marriage Petition - The convenience of the wife is to be preferred over the convenience of the husband.
Fact of the Case:

Wife filed a petition to transfer a Hindu Marriage Petition from Mumbai to Satana, claiming financial incapacity and staying with her brother.
Finding of the Court:

The court found that the convenience of the wife is to be preferred over the convenience of the husband, and therefore allowed the transfer petition.
Issues: Transfer of Hindu Marriage Petition from one jurisdiction to another based on convenience of the parties.
Ratio Decidendi: In matters of transfer, the convenience of the wife is to be given preference over the convenience of the husband.
Final Decision: The Transfer Petition was allowed, and the case was transferred to the Family Court of proper jurisdiction at Satana, Madhya Pradesh.

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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2005 Supreme(SC) 1890

SUPREME COURT OF INDIAS.N. Variava, H.K. Sema, JJ.Rajani Kishor Pardeshi - PetitionerVersusKishor Babulal Pardeshi - RespondentTransfer Petition (Civil) No.507 of 2004Decided On : 18-02-2005

In matters of transfer, the convenience of the wife is to be given preference over the convenience of the husband.

SUPREME COURT OF INDIA
S.N. Variava, H.K. Sema, JJ.
Rajani Kishor Pardeshi - Petitioner
Versus
Kishor Babulal Pardeshi - Respondent
Transfer Petition (Civil) No.507 of 2004
Decided On : 18-02-2005