Summary
A wife living with her parents in Mathura, without income of her own, sought transfer of her husband's divorce petition under Section 13 of the Hindu Marriage Act from the Family Court at Etah to the Family Court at Mathura. She cited the difficulty of travelling, her dependence on her parents and an alleged threat on her way back from a hearing. The Allahabad High Court rejected her transfer application. Following N.C.V. Aishwarya, the Court reiterated that the ends of justice govern transfer under Section 24 CPC. Courts must weigh the parties' economic position, social circumstances and means of sustenance, and in matrimonial matters it is generally the wife's convenience that must be considered. On the facts, transfer to Mathura was just and proper. The appeal was allowed and the divorce suit transferred.
Issues
- Whether a husband's divorce petition pending at Etah should be transferred to Mathura, where the wife lives with her parents without independent income.
Provisions considered
- Section 24, Code of Civil Procedure, 1908Transfer is ordered where the ends of justice demand it. In matrimonial cases the wife's convenience is generally decisive, so the husband's divorce petition was transferred to the court near the wife's residence. (¶¶ 4, 5, 6)
Held
- The cardinal principle under Section 24 CPC is that the ends of justice should demand the transfer. In matrimonial matters, courts must consider the economic soundness, social standing and circumstances of both spouses and under whose protection each is living, and generally the wife's convenience must be looked at, following N.C.V. Aishwarya. (¶ 4)
- The wife lived with and depended on her parents in Mathura, had no income of her own and faced difficulty travelling to Etah. In these circumstances it was just and proper to transfer the husband's divorce suit to Mathura. (¶¶ 3, 5)
Result
Appeal allowed. The High Court's order is set aside and the divorce suit is transferred from the Family Court, Etah to the Family Court, Mathura; parties to bear their own costs.