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Section 24 CPC: Mere inconvenience of wife to attend the court not a ground to transfer matrimonial proceedings
Dipika Agarwa Vs Rishi Agarwal
C.O. No. 622 of 2019
About/from the judgment:
"The ground of inconvenience pleaded by the petitioner/wife has to be weighed with other attending circumstances."
The High Court has held that mere inconvenience of wife to attend the court is not a ground to transfer a matrimonial suit to another court.
The court, while dismissing the petition observed:
In my view, simply because the wife feels inconvenient to attend Court at Alipore is no ground for withdrawal of Matrimonial Suit from the Court at Alipore and to transfer it in the district of Birbhum. From the averments it does not appear that there was no cause of action for filing the Matrimonial Suit in the Court at Alipore. Therefore, the ground of inconvenience pleaded by the petitioner/wife has to be weighed with other attending circumstances.
The Court also dismissed her plea to transfer the custody petition filed by her husband observing that since the father is the natural guardian of the minor daughter who has crossed five years, she was supposed to stay with the natural guardian in ordinary parlance and father being a permanent resident of Kolkata there was no wrong in instituting the Act VIII proceeding in the Court at Alipore jurisdiction.
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