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MILIND N. JADHAV
Sanjyot Nitin Telharkar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
MILIND N. JADHAV, J.
1. Heard Mr. Ajgaonkar, learned Advocate for Applicant, Mr. Gawde, learned Advocate for Respondent No. 2 and Mr. Gawai, learned AGP for State.
2. At the outset, Mr. Ajgaonkar would draw my attention to prayer clause (B) of the Misc. Civil Application (MCA). He would submit that he has been appointed through Legal Aid to espouse the cause of Applicant-wife. He would submit that Applicant is residing in Kamothe near Panvel and therefore the correct jurisdictional Court for seeking transfer of Marriage Petition would be the Court of Civil Judge Senior Division at Panvel. He would submit that inadvertently when the MCA has been filed, in prayer clause (B) transfer is sought to the Family Court at Panvel. However, there is no Family Court at Panvel but there is Family Court at Belapur which is jurisdictionally a different Court. In that view of the matter, he seeks leave to amend the prayer clause (B) to amend the Application in that respect. Leave as prayed for is granted. Amendment is permitted to be carried out forthwith in the Court itself. Re-verification stands dispensed with in that view of the matter.
3. Applicant is the wife who seeks transfer of Mar
The court established that in transfer applications, the convenience and hardship of the applicant, particularly in marriage disputes, must be prioritized.
In matrimonial disputes, courts must prioritize the well-being of children and consider the socio-economic context when deciding on transfer applications.
In matrimonial matters, the court prioritizes the wife's convenience and hardship when considering transfer applications under Section 24 of the CPC.
Point of Law : Transfer of matrimonial cases - inconveniences of the wife if the proceedings were to be transferred to Bengaluru outweighs the husband''s inconveniences in permitting the proceedings ....
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