Person Can Become Hypoglycemic Anytime In Diabetes Leading To Fatal Situation If Without Companion: Bombay HC While Allowing Transfer Petition
The Bombay High Court has allowed the transfer of a divorce proceeding considering applicant-wife's challenging circumstances, including her diagnosis with Type 1 Diabetes, which necessitated daily insulin injections. This application was filed requesting the transfer of divorce proceedings initiated by the respondent-husband from the Family Court in Nashik to the Civil Judge Senior Division in Jaysingpur, District Kolhapur.
A Bench of Justice Abhay Ahuja held that, “Although, diabetes may not be a serious condition, but the requirement of taking insulin and having a companion to travel is necessary, in as much as in a diabetic condition, a person can become hypoglycemic any time and if there is no companion to take care, it could lead to a fatal situation.”
The Court noted that the wife in this case lives in Jaysingpur, 468 kilometers away from Nashik, and faces logistical challenges due to her diabetic condition and caregiving responsibilities. Her financial dependency on her parents was also taken into account. The Court further relied on various Supreme Court judgments and held, ““Therefore, the underlying principle governing the proceedings under Section 24 of the CPC, is that convenience of the wife is to be preferred over the convenience of the husband.”
Advocate Akshay Kulkarni appeared for the Applicant and Advocate Shrikant Bhilare appeared for the Respondent.
The marriage between the applicant-wife and respondent-husband took place in 2012.The applicant-wife was diagnosed with Type 1 Diabetes in 2015, requiring daily insulin. There were numerous conflicts between the couple from the time of marriage until the applicant-wife left the matrimonial home in 2018, relocating to her parental home.
In 2022, the respondent-husband initiated divorce proceedings in Nashik, leading to this transfer application filed by the applicant-wife.
The Court reiterated the principle laid in the case of N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha, where the Supreme Court emphasized that in matters involving matrimonial proceedings under Section 24 of the Code of Civil Procedure (CPC), the convenience of the wife should be given preference.
The Court rejected the argument that the husband's willingness to cover travel and accommodation expenses should suffice, emphasizing that the wife's unique circumstances warranted transfer. The Court allowed the transfer of the divorce proceedings to Jaysingpur.
Furthermore, the Court granted the husband the option to appear via video conferencing when his physical presence was not necessary, considering his professional commitments.
Cause Title: Priyanka Rahul Patil v. Rahul Ravindra Patil, [2023:BHC-AS:27580]
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