Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Milind N.Jadhav
Sarita Rahul Sharma @ Sarita Santosh Nai – Appellant
Versus
Rahul Udayraj Sharma – Respondent
JUDGMENT :
Milind N. Jadhav, J.
1. Heard Ms. Contractor, learned Advocate for Applicant and Mr. Tripathi, learned Advocate for Respondent.
2. This Miscellaneous Civil Application (for short “MCA”) is filed by Applicant – wife seeking transfer of Marriage Petition No.11 of 2024 filed by Respondent – husband in the Court of Civil Judge Senior Division, Vasai to the Family Court at Bandra, Mumbai.
3. Applicant - wife is a resident of Mahim where she is residing with her retired father, homemaker mother and two unmarried brothers alongwith her minor daughter. The daughter is 15 months old and she is required to provide care and support for him. Presently, the expenses of the Applicant - wife and her infant / minor daughter are borne by her father and brothers.
4. Ms. Contractor, learned Advocate for the Applicant - wife has taken me through the averments and pleadings made in the MCA and would contend that Applicant - wife is facing severe difficulty to travel from Mahim to attend the Marriage Petition proceedings in Vasai Court she spends 8 hours on an average for the traversing the distance. She would submit that it is impossible for the Applicant- wife to leave her infant / minor daughte
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.
The court established that in transfer applications, the convenience and hardship of the applicant, particularly in marriage disputes, must be prioritized.
In matrimonial proceedings, the convenience of the wife must be prioritized over that of the husband, especially when considering the transfer of divorce proceedings, taking into account the socio-ec....
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 ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
