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The court said that the cases cited by the husband and the observation made therein were restricted to the facts of those cases and that merely because the wife was traveling to Pune would not disentitle her from filing a transfer application.
A single judge bench of Justice Amit Borkar of the Bombay High Court has recently observed that the convenience of the wife should be of major consideration while transferring a case to another court.
The high court was hearing a writ petition filed by a wife wherein she had prayed that the case before the trial court should be transferred to Panvel from Pune. In her plea, she had sought transfer on the ground that it was inconvenient for her to travel to Pune to attend the hearing on each and every date and that she was dependent on her parents for her income. She also stated that she was not acquainted with any lawyer in Pune.
The husband in his reply submitted that there were material suppression of facts. He argued that when the applicant was working she used to travel to Pune and that she had also traveled to various states in India and also Malaysia. He further submitted that it would be inconvenient for him to travel to Panvel since he has to take care of his mother in Pune.
The court said that it was a settled principle that ordinarily the convenience of the wife needs to be considered while deciding an application for transfer of proceedings. The court rejected the judgments cited by the husband on the grounds that they arose out of peculiar facts of each case and the observation made therein were restricted to the facts of the case.
The court in its order noted that merely because the wife was visiting Pune when she was working would not disentitle her from seeking transfer. The court said,
“In the facts of the present case, undisputedly, the applicant is residing at Panvel. Merely because while she was working she used to travel to Pune does not disentitle her from seeking transfer of proceeding from Pune to Panvel.”
While noting that the convenience of the wife is a major factor while considering a transfer application, the court said,
“Convenience of the wife would be major factor while considering the application for transfer. The applicant is residing at Panvel and it would be inconvenient for her to travel to Pune and even otherwise husband is required to attend proceedings pending before criminal courts at Panvel.”
The court allowed the husband to file an application before the criminal court to fix the matters pending before it on the same day fixed by Civil Judge, Senior Division Panvel, and asked the criminal court to list the matter on the same date if it is possible.
Case Title: Arundhati Devendra Pathak vs Devendra Niteen Phatak
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