Aastha Thakur
Published on: October 27, 2022 at 20:06 IST
The Delhi High Court has stated that when moving a case to a different court in matrimonial disputes, the convenience of the wife must be taken into greater consideration.
Justice Dinesh Kumar Sharma further stated that the transfer authority had to be used in a way that would not cause any inconvenience to either party.
The court was hearing a petition for transfer of a matrimonial case from the Family Court’s Principal Judge of Dwarka Courts (South West District) to the Family Court’s Principal Judge of Karkardooma Court made by a 68-year-old wife (East District).
The transfer case was based on the fact that there were already two existing petitions for maintenance filed in the Karkardooma Court under Section 12 of the Domestic Violence Act and Section 125 of the Code of Criminal Procedure. Therefore, it was requested that the case already being heard by the Dwarka Court be moved to the other court as well.
The 72-year-old husband, however, argued that the wife had been getting all the benefits and that the transfer plea was just submitted to bother him. Additionally, he claimed that the wife gave the inaccurate address in the affidavit that was submitted to the court.
The court stated that it could only deny the wife’s request to transfer the case if there were significant reasons for doing so, but it did not find any such reasons.
The court allowed the wife’s petition and also ordered “The transferee Court is directed to send complete record to the transferor Court. Parties are directed to appear before the Principal District & Sessions Judge, East District of Karkardooma Court on 27th October, 2022.“
Case Title: SMT. Sarita Joshi v. Ravindra Bhushan Joshi