Economic soundness plays decisive role in transfer of matrimonial petitions
Financial soundness of the parties plays a vital role in allowing petition for transfer of matrimonial cases.
Fact
Present matter relates to transfer of dissolution of marriage Petition pending at Family Court Alibaug to Family Court Pune before High Court Bombay. The dissolution of marriage petition is filed by the husband on the grounds of cruelty and desertion in August 2021. The marriage was solemnized in December 2017, initial few days went well thereafter husband/respondent and his mother subjected petitioner to cruelty and send her to her parental home at Daud.
Submission of the Counsel of the Petitioner - Wife
1. The distance between Daud to Alibaug is 223 KMs one way where as one way Family Court will be 60-70 KMs for the petitioner and for the Respondent it would be 150 KM from Alibaug one way. 2. The wife is unemployed her parents are old and are surviving on the meagre incomed earned through agriculture. The petitioner has a brother who is living separately with his family so no support from him as well. 3. With meagre income it would be inconvenient for her to travel from Daud to Alibaug and attending on every date fixed will further aggravate the hardship. 4. Respondent Husband has several sources of income so it would not be inconvenient for him to travel to Pune Family Court.
Submission of the Counsel of the Respondent - Husband
1. Several attempts for settlement were made by the respondent and his relatives but petitioner refused to come back thus due to adamant nature of the petitioner, settlement failed. 2. Respondent has 56 year old mother ailing mother she has been advised bed rest & if she is summoned by the court to appear as a witness it would cause undue hardship 3. Respondent handles his business all by himself if he has to travel to Family Court Pune he has to than keep his shop closed. 4. The case is at the stage of evidence & transfer would further delay the proceedings.
Observation of the Court
1. Petitioner wife is unemployed. 2. Dependent on her old parents. 3. Her brother is living separately with his family. 4. She doesn’t have anyone to accompany her on every date of listing. 5. Being unemployed it would cause hardship to her to travel to Alibaug on every date of listing. 6. Respondent is financially well off and he can travel with his mother by a comfortable mode of transport to Pune and also can make comfortable boarding and lodging arrangements.
Settled Principle of law in transfer petition in Matrimonial matters
N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha Transfer petition u/s 24 of the Civil Procedure Code decided by Hon’ble Supreme Court in the year 2022 “. ……In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioral pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to like. Given the prevailing socio-economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.”
Decision
1. Hon’ble Bombay High Court allowed the Petition of the Wife transferring the petition of the husband from Family Court Alibaug to Family Court Pune. 2. However, keeping in mind the inconvenience the respondent my face in business and also he has to take care of his mother, the Respondent was given liberty to appear before Family Court Pune through Video Conferencing and same facility was extended to Petitioner as well.
Seema Bhatnagar