Although Husband & His Mother May Face Some Incovenience, It Is Convenience Of Wife That Has To Be Given Preference In Transfer Petition: Bombay HC Reaffirms

The Bombay High Court allowed a petition by a wife to transfer her divorce case from Alibaug to Daund, citing that the proceedings in Alibaug would further strain her already weakened financial situation. The Court reiterated that the wife’s convenience must be prioritized while considering the transfer application.

The Court noted that although the husband and his wife may face some inconvenience, it is the convenience of the wife that has be to given preference in Transfer Petition.

“Besides view of settled law in the prevailing structure of socio-economic paradigm in Indian society, that while considering the transfer application firstly the wife’s convenience must be looked at and secondly it is the convenience of the wife that has to be preferred over the convenience of the husband, therefore, although the husband and his Mother may face some incovenience, it is the convenience and hardship of the wife that has to be given preference. And no doubt the stage at which this Court had stayed the Alibaug Court proceedings was the stage of evidence, however, considering the inconvenience and hardship as elaborated above being caused to the Applicant-wife, this Court is inclined to allow the application”, Justice Abhay Ahuja observed.

Advocate Pandit Kasar appeared for the Applicant and Advocate S.M Sabrad appeared for the Respondent.

The marriage of the Applicant and the Respondent was solemnized per the Jain Religious Customs, and they were living with the Mother of the Respondent. Applicant alleged that after some time, the Respondent and his Mother threw her out of the marital home and she was forced to stay with her parents. The Applicant alleged that the Respondent and his Mother subjected her to cruelty. She has filed a transfer petition before the High Court seeking the transfer of the Hindu Marriage Petition of the Husband in the Family Court. The Applicant contended that she graduated but was unemployed and dependent on her elderly parents, who also did not have any source of income.

The Court noted that the distance between Daund and Alibaug is around 223 kilometers, which would increase the expenses of the otherwise purportedly weak financial condition of the Applicant.

The Court noted, “It is not in dispute that the distance between Daund and Alibaug is around 223 kilometers one way. The Applicant appears to be unemployed and dependent on her parents for her financial needs as she does not have her own independent source of income. The travel between Daund and Alibaug would increase the expenses of the otherwise purportedly weak financial condition of the Applicant which is denied by the Respondent. It also appears that the Applicant does not have any one to accompany her from Daund to Alibaug. As such it would not only be inconvenient for the Applicant to travel 223 kilometers one way every time the matter is listed before the Alibaug Court but would also cause her undue hardship”.

The Court placed reliance on the Supreme Court Judgment in the case of N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha [SCC Online SC 1199 (2022)], where the Apex Court observed that in proceedings of this nature, it is the convenience of the wife or the undue hardship caused to the wife that has to be considered.

Accordingly, the Court allowed the Application.

Cause Title: Trishala Vaibhav Jain v Vaibhav Manoj Jain

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