Section 24 CPC: Mere inconvenience of wife to attend the court not a ground to transfer matrimonial proceedings

Dipika Agarwa Vs Rishi Agarwal

Calcutta HC

04/07/2019

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.

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

Formats for use
Please reload

Talk to our volunteer on our #Helpline

8882-498-498

Single Helpline Number For Men In Distress In India

Join our mailing list!  Stay up-to-date on upcoming projects, offers & events.

  • Follow Daaman on Facebook
  • Follow Daaman on Twitter

©2018-2020 Daaman Welfare Society & Trust.

All rights reserved.

Beware, anyone can be a victim of gender bias in society and laws! 

Don't wait: Schedule a conversation with a trusted, experienced Men's Rights Activist to find out how only awareness is the key to fight and remove prevailing gender bias against men in society.