More weightage to be given to husband's convenience in cases of transfer of matrimonial case, when he's taking care of children

More weightage to be given to husband's convenience in cases of transfer of matrimonial case, when he's taking care of children

Harsha Sharma Vs Rakesh Sharma

Madhya Pradesh HC

28/07/2022

M.C.C. NO. 288/2022

About/from the judgment:

The High Court, in an application for transfer of a matrimonial case observed that when it's the husband who has the custody of the minor children, more weightage has to be given to his convenience compared to that of the wife.

The bench further noted that under such circumstances, the husband cannot be forced to attend proceeding at a court outside his residence in Bareli, leaving his minor children behind-

It is undisputed that the two minor children of petitioner are residing with and being taken care by the respondent/husband. Under such circumstances, in comparison to petitioner/wife, the convenience of respondent/husband has to be given more weightage, as he is taking care of his two minor sons. Under the circumstances, he could not be forced to attend the proceedings at Ganj Basoda, leaving his minor children behind.

The facts of the case were that the Applicant/Wife had moved an application before the Court praying for transfer of her matrimonial case from the district court where her husband was residing to the district court where she was residing. She submitted before the court that she did not have any source of income and that there was no male member in her family who could accompany her while travelling to another district to attend the family court proceeding. She also brought the attention of the Court to the fact that she has filed two cases in her district against the Respondent/Husband under the Domestic Violence Act and for maintenance under Section 125 CrPC.

Examining the submissions of parties and documents on record, the Court observed that the main contention of the Wife regarding financial crunch can be resolved if the Husband could bear her travelling expenses. Thus, the Court directed the family court concerned to quantify the travelling expenses of the Wife so that the Husband could pay her the amount prior to the date fixed for the proceeding-

The respondent/husband is directed to pay the petitioner and her companion to and fro and stay expenses on every occasion on which she is required to travel from Ganj Basoda to Bareli. The respondent is also directed to ensure that no kind of inconvenience in this regard or in the proceedings is caused by him to the petitioner. The Family Court at Ganj Basoda is directed to quantify the amount in this regard and to ensure that the same is paid to her on every occasion that she is required to remain present in the Court.

With the aforesaid observations and directions, the Court rejected the application of the Wife for transfer of her matrimonial case.

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