Wife's Convenience Has To Be Seen More While Transferring Petition In Matrimonial Disputes: Delhi High Court

The Delhi High Court has observed that the convenience of the wife has to be seen more while transferring a petition to a different court in matrimonial disputes.

Justice Dinesh Kumar Sharma added that the transfer jurisdiction has to be exercised in such a manner that there should not be any inconvenience caused to either of the parties.

The court was dealing with a plea moved by 68 year old wife seeking transfer of the matrimonial case pending before Family Court's Principal Judge of Dwarka Courts (South West District) to Family Court's Principal Judge of Karkardooma Court (East District).

The transfer plea was moved on the ground that two petitions filed under Section 12 of Domestic Violence Act and Section 125 of Code of Criminal Procedure seeking maintenance were already pending in the Karkardooma Court. Hence, it was prayed that the suit pending before Dwarka Court also be transferred to the other court.

However, the plea was opposed by the 72 year old husband arguing that the wife had been enjoying all the benefits and that the transfer plea was moved only to harass him. He also argued that even in the affidavit before court, wrong address was given by the wife.

The court was of the view that the wife's request to transfer the case can be declined only if there are weighty reasons behind the same, adding that it found no reason to decline the said request.

Allowing the wife's plea, the court ordered "The transferee Court is directed to send complete record to the transferor Court. Parties are directed to appear before the Principal District & Sessions Judge, East District of Karkardooma Court on 27th October, 2022."

Case Title: SMT. SARITA JOSHI v. RAVINDRA BHUSHAN JOSHI

Citation: 2022 LiveLaw (Del) 1014

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