The Bombay High Court on Tuesday examined that a major factor while considering transfer petitions related to civil proceedings in family courts is the wife’s convenience.
Justice Amit Borkar was hearing a transfer petition regarding civil proceedings in the family court of Pune, in which the wife resides in the Panvel area of Navi Mumbai and the husband lives in Pune. In the case, the Wife (residence of Panvel) had sought that the proceedings be shifted to Panvel from Pune, and the husband, who lives in Pune, had opposed this.
Advocate Ravi Jadhav, who is representing the wife, stated in the court that it is inconvenient and difficult for the wife to travel to Pune to attend the hearing of the proceedings on each date, and also for the purpose of income the wife is dependent on her parents. Apart from this Jadhav stated that she is not familiar with any lawyer in Pune.
Advocate Abhijit Sarwate, who is representing the husband, submitted that there is a suppression of material facts. Advocate Sarwate said that the wife was used to traveling to Pune when she was working. He further added that it would be difficult for the husband to travel to Panvel, as the husband needed to take care of his mother too. Further, Sarwate said that the wife had already traveled to different states in India and to Malaysia as well, therefore, she can manage to travel to Pune for proceedings.
The court observed after hearing both sides, “Merely because while she was working she used to travel to Pune does not exclude her from seeking transfer of proceedings from Pune to Panvel. While considering the application for transfer the convenience of the wife would be a major factor. And as she is residing in Panvel and it would be inconvenient for her to travel to Pune and even otherwise, her husband is required to attend proceedings pending before criminal courts in Panvel.”
However, while granting some relief to the husband, Justice Borkar said that as far as the pending proceedings before the criminal court in Panvel are concerned, there would be no barrier for the husband to file a suitable application before the concerned court to fix the matters pending before it on the same day fixed by the civil court.
The bench later ordered that if such an application is filed by the husband, the criminal court, as far as possible and subject to his convenience, shall consider fixing the date along with other matters filed against the husband. “It is made clear that if it is inconvenient for the criminal court to fix the dates on a particular date, the criminal court shall assign dates as per its convenience,” added the bench.
