Read Time: 04 minutes

Synopsis

A recent decision of the Allahabad High Court emphasizes the importance of considering the balance of convenience in disputes between husband and wife. In this case, the court was dealing with an application by the wife seeking the transfer of a case under Section 10 of the Hindu Marriage Act.

The single judge bench of Justice Saral Srivastava observed that "It is settled in law that convenience of wife is to be looked into in case of dispute between the husband and wife." The husband had filed a case in Varanasi, and the wife requested it be transferred to Gorakhpur under Section 24 of the Civil Procedure Code.

The wife's counsel argued that she resided with her aged parents in Gorakhpur, and the distance between Gorakhpur and Varanasi was considerable. Additionally, the wife had no source of income to cover the expenses of litigation and traveling to Varanasi for each court date.

Furthermore, the husband was not providing any maintenance to the wife. The wife claimed that the balance of convenience favored her, and transferring the case to Varanasi would cause her significant prejudice.

The court agreed with the wife's argument and held that in disputes between husband and wife, the balance of convenience should be taken into consideration.

Given that a proceeding under Section 125 of the Cr.P.C. was already pending in Gorakhpur and the wife's circumstances, the court concluded that transferring the case to Gorakhpur was appropriate. The court acknowledged the hardships faced by the wife and exercised its power to transfer the case from Varanasi to Gorakhpur.

The bench opined that "It is settled in law that convenience of wife is to be looked into in case of dispute between the husband and wife. Therefore, considering the hardship which is being by the applicant-wife, it is a fit case where this Court should exercise its power to transfer the case from District Varanasi to District Gorakhpur."

As a result, the transfer application was allowed, and the case was moved to Gorakhpur for the convenience of the wife.

Case Title: Minakshi Srivastava vs. Ratish S. Rudra