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Wife’s convenience major factor while considering transfer petition in family court: Bombay HC

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The Bombay High Court observed that generally, it is the wife’s convenience that is a major factor while considering transfer petitions related to civil proceedings in family courts.

Mumbai,UPDATED: Jan 25, 2023 03:26 IST

Wife’s convenience major factor while considering transfer petition in family court: Bombay HC

The bench of Justice Amit Borkar in Bombay HC was hearing a transfer petition related to civil proceedings in the Pune family court. (File photo)

By Vidya : The Bombay High Court on Tuesday observed that generally, it is the wife’s convenience that is a major factor while considering transfer petitions related to civil proceedings in family courts.

The bench of Justice Amit Borkar was hearing a transfer petition related to civil proceedings in the Pune family court. The wife who resides in the Panvel area of Navi Mumbai had sought that the proceedings be shifted to Panvel from Pune. The husband, who lives in Pune, had contested this.

Advocate Ravi Jadhav, representing the wife, submitted that it is inconvenient for the wife to travel to Pune to attend the hearing on each date. Apart from this, Jadhav stated that the wife is dependent on her parents for the purpose of income and that she is not acquainted with any lawyer in Pune.

Advocate Abhijit Sarwate, representing the husband, stated that there is suppression of material facts. Sarwate said that while the wife was working she used to travel to Pune. He added that it would be inconvenient for the husband to travel to Panvel, as he needed to take care of his mother too. Sarwate said that the wife had already travelled to various states in India and to Malaysia, therefore, she can very well travel to Pune.

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After hearing both sides, 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. She is residing in Panvel and it would be inconvenient for her to travel to Pune and even otherwise, husband is required to attend proceedings pending before criminal courts in Panvel.”

However, granting some relief to the husband, Justice Borkar said that as far as the pending proceedings before the criminal court in Panvel are concerned, it would be open for the husband to file an appropriate application before the concerned court to fix the matters pending before it on the same day fixed by the civil court.

The bench ordered that if such an application is filed by the husband, 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. “It is made clear that if it is inconvenient for the criminal court to fix the dates on a particular date, the criminal court shall assign dates as per its convenience,” added the bench.

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