Family dispute cases: Bombay HC says wife’s convenience important while deciding transfer application

The Bombay High Court reiterated that generally, convenience of the wife needs to be considered while deciding application for transfer of proceedings arising out of marital disputes. 

Wife had sought transfer from Pune to Panvel; husband opposed

Justice Amit Borkar was hearing a transfer petition filed by a woman seeking to transfer the civil proceedings from the Pune family court to a court in Panvel in Navi Mumbai, where she is residing. 

The husband, resident of Pune, opposed the plea contending that when she was working she used to travel throughout India and even to Malaysia. 

Advocate Ravi Jadhav, appearing for the wife contended that it is inconvenient for the wife to travel to Pune to attend the hearing on each date. He further submitted that the wife is dependent on her parents for the purpose of income and that she is not acquainted with any lawyer in Pune.

Husband’s advocates, Abhijit Sarwate and Ajinkya Udane, alleged that there is suppression of material facts. Sarwate said that when the wife was working she used to travel to Pune. He claimed it would be inconvenient for the husband to travel to Panvel as he is required to take care of his mother. It was argued that wife had already travelled to various states in India and to Malaysia, therefore, she can very well travel to Pune.

Convenience of wife major factor while considering the application for transfer: HC

Disagreeing with the argument, the court said, “Merely because while she was working she used to travel to Pune does not disentitle her from seeking transfer of proceedings from Pune to Panvel. Convenience of the wife would be a major factor while considering the application for transfer.” 

Justice Borkar further remarked that  “even otherwise, husband is required to attend proceedings pending before criminal courts in Panvel.”

The court has said that it would be open for the husband to file an appropriate application before the concerned criminal court to fix the matters pending before it on the same day fixed by the civil court. “If, such an application is filed, the Criminal Court, as far as possible and subject to his convenience, shall consider fixing the date along with other matters filed against the husband,” added the court.