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Can't Transfer Matrimonial Case On Husband's Convenience Just Because Of His Posting To A Different Station: Allahabad HC

Sparsh Upadhyay
28 Oct 2021 3:14 PM GMT
Cant Transfer Matrimonial Case On Husbands Convenience Just Because Of His Posting To A Different Station: Allahabad HC
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The Allahabad High Court recently observed that merely because the husband has now been posted to a different station, a matrimonial dispute case cannot be transferred according to his convenience. This assertion came from the Bench of Justice J. J. Munir, that was hearing the plea of one Surendra Singh seeking transfer of a divorce case filed by him u/s 13 of the Hindu Marriage Act,...

The Allahabad High Court recently observed that merely because the husband has now been posted to a different station, a matrimonial dispute case cannot be transferred according to his convenience.

This assertion came from the Bench of Justice J. J. Munir, that was hearing the plea of one Surendra Singh seeking transfer of a divorce case filed by him u/s 13 of the Hindu Marriage Act, 1955 from the court of Principal Judge, Family Court, Hapur to Banda or any other adjoining district.

The case in brief

The Husband, the applicant before the Court submitted that he is not in a position to pursue the case at Hapur because he is currently posted at district Banda and therefore, he sought the transfer of the case from Hapur to Banda or to any other district neighboring the district of Banda.

It was also argued by him that if the case is transferred to Banda, then both the parties can pursue the case with convenience at Banda because the opposite party (Wife) also resides at Rewa (M.P.) which adjoins Banda.

On the other hand, the counsel for the opposite party, the wife submitted that merely because the applicant (Husband) has been transferred from Hapur to Banda, he cannot ask for the transfer of this case

Court's observations

The Court, at the outset, agreed with the contention put forth by the wife that merely because the husband has now been posted to a different station, the case cannot be transferred according to his convenience.

"The applicant's contention that this case should now be moved to Banda or some adjoining district of Banda, because he has been transferred from Hapur to Banda, seems to be very unacceptable as a ground for transfer," observed the Court.

The Court also noted that the proceedings, sought to be transferred, were instituted by the  Husband himself before the Court at Hapur and not by the opposite party, i.e., the wife.

Also, noting that three cases are presently pending at Hapur (between the wife and the husband), the Court underscored that it would be convenient for both parties to pursue all the three cases at Hapur, particularly, once the wife finds it to be convenient there.

Against this backdrop, the Court further noted thus:

"The wife's convenience requires to be particularly considered in matters of venue of proceedings in matrimonial causes, while considering a transfer plea."

Lastly, dismissing the plea filed by the Husband, the Court opined that both parties can request the Courts at Hapur to fix an identical date in all the causes in order to enable both parties to attend and effectively defend there.

Case title - Surendra Singh v. Smt. Vineeta Singh

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