Wife's Convenience To Be Seen While Transferring Matrimonial Case: Court

The Delhi High Court has said that the convenience of wife has to be seen more while deciding a plea for transfer of a matrimonial case from one court to another and her request for a transfer can be declined only if there are “weighty reasons” for it.

The court's observation came on a plea by a 68-year-old woman for the transfer of her suit against her 72-year-old husband to a family court in the city's Karkardooma district from the one in Dwarka district.

She said that her case under the Domestic Violence Act as well as plea for maintenance under Criminal Procedure Code are already pending before the Karkardooma district court.

Allowing her petition, Justice Dinesh Kumar Sharma said, “The exercise of the jurisdiction while transferring the petition particularly in the matrimonial disputes, has to be undertaken in such a manner that there should not be any inconvenience caused to either of the parties. It is a settled practice that in such matters, the convenience of the wife has to be seen more.”

"The request of the petitioner-wife can be declined only if there are weighty reasons behind the same. I do not see any reason in the present case to decline the request of the petitioner-wife for transfer of the case,” said the court in its recent order.

The counsel for the husband opposed the prayer for transfer and said that the petitioner-wife has been enjoying all the benefits and the present application was moved just to harass him.

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