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DELHI HC REITERATES THAT THE CONVENIENCE OF WIFE HAS TO BE SEEN WHILE DECIDING A TRANSFER PETITION IN A MATRIMONIAL DISPUTE

Team SoOLEGAL 5 Nov 2022 2:09pm

DELHI HC REITERATES THAT THE CONVENIENCE OF WIFE HAS TO BE SEEN WHILE DECIDING A TRANSFER PETITION IN A MATRIMONIAL DISPUTE

New Delhi: In the present case, a transfer petition was filed by the petitioner-wife aged 68years praying for the transfer of the family dispute pending before the Dwarka District court to the district court of Karkardo oma. It was argued by the petitioner-wife that there were already two cases pending before the Karkardooma District Court under Section 12 and section 125 of the Domestic Violence Act and the Code of Criminal Procedure respectively for maintenance and this case may also be transferred before the same court. The said petition was opposed by the counsel of the respondent-husband saying that the petitioner is misleading the court by giving a false address on the affidavit and that the present petition is only an attempt to delay the proceedings and cause harm to the respondent-husband. 

While deciding the transfer petition, Hon’ble Justice Dinesh Kumar Sharma, observed that the “exercise of the jurisdiction of while transferring the petition, particularly in a matrimonial dispute, has to be undertaken in such a manner that there should not be any inconvenience caused to either parties. It is settled practice that in such matters, the convenience of the wife has to be seen more. The request of the petitioner's wife can be declined only if there are weighty reasons behind same.” 

With the aforementioned observation, the court allowed the petition and directed the transferee court to send all court records about the matter to the transferor court. 



Tagged: Delhi High Court  
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