"Wife's Convenience" General Rule In Transfer Petitions; Only Judge I've Seen Refuse This Ground Is Justice Ruma Pal : CJI UU Lalit

CJI UU Lalit, while hearing a transfer petition concerning a matrimonial dispute on Thursday orally remarked that the convenience of the wife in matrimonial disputes was paramount as per established jurisprudence of the court. Thus, if a wife required a transfer for her convenience, she would be granted the same. CJI Lalit added that Justice Ruma Pal was the only judge in the court who refused transfer petitions in such cases. 

The counsel for the petitioner argued that the wife in the case was requesting for transfer from Pune to Patiala solely on the ground that she was a woman. The counsel submitted–

"She is a highly educated woman, she is perfectly fit and fine. She is a PhD holder. Why does she need someone to accompany her to Pune?"

However, the bench was not convinced with the submissions and noted that if the wife could travel to Pune, the husband could also travel to Patiala.

CJI Lalit remarked–

"I quite see the forceful submission made by you. Unfortunately, the ethos which has developed in this court is convenience of the wife is paramount...We see that in today's time you cannot say that female is the weaker sex and say that because they need protection they need a companion to travel. But at the same time this has been the standard practice. Therefore, we will adopt that."

When the counsel insisted that sometimes even the men had to be heard, CJI Lalit said–

"I have only seen one judge in this court who refused transfer petitions on this ground and that has been Justice Ruma Pal."