Wife’s convenience prevails over husband’s inconvenience: Andhra Pradesh High Court allows woman’s transfer plea

The court, therefore, allowed the wife’s plea and transferred the case to Civil Judge (Senior Division), Avanigadda.

Background

• The dispute arose from a marriage solemnised in June 2021.
• Following matrimonial discord, the wife was living with her parents.
• She informed the court that she had also lodged a criminal complaint against her husband alleging harassment and dowry-related offences, which is currently under investigation.
• The wife further pleaded that, with a view to cause inconvenience to her, the husband filed a divorce petition before Additional Civil Judge (Senior Division), Guntur, Guntur District.
• The counsel for the wife contended that the petitioner, being a woman, was residing at her parents’ house and it was very difficult for her to travel to attend the case proceedings filed by the husband before the Court at Guntur without any assistance.

Findings

• The Supreme Court has held that if a wife does not have sufficient funds to visit the place where the divorce petition is filed by her husband, then the transfer petition filed by the wife may be allowed.
• On considering the submissions made by the learned counsel appearing for both sides and in view of the ratio laid down in the aforesaid case laws and on considering the facts and circumstances of the present case that in matrimonial proceedings, the convenience of the wife has to be taken into consideration than that of the inconvenience of the husband.
• There are justifiable grounds to consider the request made by the wife, seeking transfer of the case.
• The transfer petition is allowed and the divorce case pending before the IV Additional Civil Judge (Senior Division), Guntur, Guntur District, is withdrawn and transferred to the file of the Civil Judge (Senior Division), Avanigadda, Krishna District.
• Considering the submissions made by the counsel for the husband that he is currently working at Hyderabad, therefore, it is desirable to dispense with the personal appearance except on the days when his personal appearance is required before the court.

Delhi High Court’s ruling

In a similar matrimonial case, the Delhi High Court in 2022 had observed that wife’s convenience has to be seen more while dealing with a 68-year old woman’s plea seeking transfer of a matrimonial case from one family court to another.

Bombay High Court’s observations

In another case, the Bombay High Court while allowing a plea by a woman seeking transfer of divorce proceedings filed by her estranged husband before the family court at Nashik to Pune, observed that the wife’s convenience has to be preferred over that of the husband.