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IN THE HIGH COURT OF MADHYA PRADESH
Roopesh Chandra Varshney, J.
Anjali Shivhare (Smt.) v. Atul Shivhare
Miscellaneous Civil Case No. 1778 of 2023 (G);
Decided on 19.2.2024*
Civil P. C., 1908 -- S. 24 -- transfer of case -- husband filed application for restitution of conjugal rights -- convenience of wife must be looked at -- case transferred. (2001) 5 Supreme 667 followed. [Para 5
flfoy izfØ;k lafgrk] 1908 && /kkjk 24 && ekeys dk varj.k && ifr us nkaiR;kf/kdkjksa ds izR;kLFkkiu ds fy, vkosnu fd;k && iRuh dh lqfo/kk ns[kuk vko';d && ekeyk varfjrA ¼2001½ 5 lqizhe 667 vuqlfjrA ¼iSjk 5
ORDER
1. B y this MCC, the applicant/wife has approached this Court under section 24 of the CPC seeking transfer of case No.681A/2022 HMA pending before the Principal Judge, Family Court, Gwalior filed by respondent/husband under section 13(A) of Hindu Marriage Act for restitution of conjugal rights to Family Court, Morena.
2. It is the submission of learned counsel for the applicant/wife that marriage between applicant and respondent was solemnized on 3.2.2020 and out of the wedlock, one child born. After sometime of marriage, respondent/husband started harassing her in such a manner that applicant/wife had to leave the house and since then, applicant is living in her parental home. Now the respondenthusband moved an application under section 13(A) of Hindu Marriage Act for restitution of conjugal rights. Applicant is a lady and having a child, therefore, it is not possible for her to attend the Court at Gwalior. Under such circumstances, it is prayed that aforesaid pending before Principal Judge, Family Court, Gwalior may be transferred to Family Court, Morena.
3. On the other hand, learned counsel for the respondent vehemently opposed the prayer and prayed for dismissal of the application.
4. Heard.
5. In the case of Sumita Singh v. Kumar Sanjay and Another, (2001) 5 Supreme 667, Hon'ble apex Court has held that in a matrimonial proceedings, if proceedings are initiated by husband, then wife's convenience must be looked at, therefore, in the facts and circumstances of the case, it is considered apposite to direct for transfer of the case No.681A/2022 HMA pending before Principal Judge, Family Court, Gwalior filed by respondent/husband under section 13(A) of Hindu Marriage Act for restitution of conjugal rights to a Court of competent jurisdiction at Morena.
6. With the aforesaid direction, petition stands disposed of and allowed.
In matters of matrimonial proceedings, the convenience of the wife is paramount when considering a transfer under Section 24 of CPC.
The main legal point established is that in transfer applications, the court must consider the balance of convenience, welfare of the minor, and the parties' convenience in deciding the transfer of m....
The balance of convenience in transfer applications is determined by the specific circumstances of the parties, particularly considering the welfare of children and financial constraints.
In matrimonial disputes, the convenience of the wife is given greater priority unless strong reasons for transfer are demonstrated.
In matrimonial proceedings initiated by the husband against the wife, the convenience of the wife must be considered for contesting the suit, and the court may transfer the proceedings accordingly.
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