In a recent legal case, the court emphasized the importance of considering the convenience of the wife in transfer cases related to matrimonial matters. The court’s analysis focused on factors such as economic soundness, social strata, and behavioral patterns of the spouses. This case sheds light on the crucial role of the courts in ensuring fairness and equality in such sensitive legal proceedings.
Facts
- The appellant-wife filed a petition seeking transfer of the Original Suit No.23 of 2018 filed by her husband (respondent No.2) from Family Court, Etah to Family Court, Mathura.
- The High Court of Judicature at Allahabad rejected the petition for transfer.
- Original Suit No.23 of 2018 was filed by respondent No.2 against the appellant under Section 13 of the Hindu Marriage Act at Etah.
- The appellant had also filed cases against respondent No.2 in different courts in Mathura, and respondent No.2 had filed an FIR against the appellant in Etah.
- Appellant claims inability to travel from Mathura to Etah to prosecute the case due to being a lady.
- Appellant has no source of income and is financially dependent on her parents in Mathura.
- Allegations of threat by respondent no.2 and his brother during travel from Etah to Mathura denied by respondent.
- Consideration of wife’s convenience important in matrimonial matters for transfer.
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Analysis
- The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding.
- Courts must consider economic soundness of both parties in matrimonial matters
- Social strata and behavioral pattern of spouses should be taken into account
- Standard of life before and after marriage is relevant
- Circumstances of parties in terms of livelihood and support must be considered
- In transfer cases, wife’s convenience should be prioritized
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Decision
- Original Suit No. 23 of 2018 is being transferred from the Principal Judge, Family Court, Etah, Uttar Pradesh to the Principal Judge, Family Court, Mathura, Uttar Pradesh.
- The order of the High Court being challenged is set aside.
- Each party will bear their own costs.
- The appeal is allowed.
- The Principal Judge, Family Court, Etah, is instructed to promptly transfer the case records to the new court.
- The decision is made in accordance with the signed Reportable Order.
Also Read: Application for Stay in Civil Suit Rejected: Court’s Legal Analysis
Case Title: RUCHI RAWAT Vs. PRINCIPAL JUDGE (2022 INSC 1314)
Case Number: C.A. No.-005218-005218 / 2022
