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MILIND N. JADHAV
Priyanka W/o. Mayur Hirlekar – Appellant
Versus
Mayur S/o. Pradip Hirlekar – Respondent
JUDGMENT :
Milind N. Jadhav, J.
1. Heard Mr. Pande, learned Advocate for Applicant through VC and Ms. Palekar, learned Advocate for Respondent.
2. Present Misc. Civil Application (for short “MCA”) is filed by Applicant – wife seeking transfer of Marriage Petition being nomenclatured as A-2306 of 2022 from the Family Court Judge – 3 at Bandra, Mumbai to the Family Court No.2 at Nagpur. Applicant resides in Nagpur alongwith her parents.
3. Admittedly, Respondent – husband is a resident of Chicago, Illinois State in the United States of America for the last several years. Parties got married in 2016. Maintenance proceedings are filed in the Court of Principal Judge, Family Court at Nagpur by Applicant in the year 2019. Marriage Petition is filed by Respondent in the year 2021 in Mumbai through his father as his Constituted Power of Attorney.
4. The grounds of hardship are enumerated from paragraph No.5 onwards in the Application. I have perused the same; apart from the fact that the Applicant being financially dependent on her parents, it is averred by Applicant that Respondent has not paid a single farthing to the Applicant towards maintenance despite various orders of the Court. Apparent
In matrimonial matters, the court prioritizes the wife's convenience and hardship when considering transfer applications under Section 24 of the CPC.
In matrimonial disputes, courts must prioritize the well-being of children and consider the socio-economic context when deciding on transfer applications.
The court established that in matrimonial transfer cases, the wife's convenience is a critical factor, guided by the principles of justice and socio-economic realities.
The court established that in transfer applications, the convenience and hardship of the applicant, particularly in marriage disputes, must be prioritized.
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