Telangana HC: Wife’s Transfer Plea Can Be Allowed If Husband Offer to Pay Conveyance for Attending Hearings Not Bonafide

Apr26,2022 #CPC #Telangana High Court

Shivani Thakur

Published on: April 26, 2022, at 17:16 IST

The Telangana High Court held that even if the husband offers to Pay Conveyance Charges for the wife to appear before the Family Court hearings, and if such an offer is made without Bonafide then the Court can Order the Case be transferred to a Family near the wife’s residence.

The Bench said that even though it’s settled that a wife can be compensated by the husband through Conveyance Charge Payment, the Case depends on Facts and Principles.

In this Case, Petition was filed under Section 24 of CPC for Withdrawal and Transfer a Plea which is pending before Family Court, Hyderabad to Family Court, Karimnagar.

The Petitioner was married to the Respondent. However, differences arose between the couple and she was reportedly thrown out of her matrimonial home and she is living with her parents, later, the husband filed a Petition for Divorce.

The wife filed an Application for transferring the matter to Karimnagar from Hyderabad stating that it’s inconvenient for her to travel 200 km for hearings with her child.

On the other hand, the Husband’s Counsel submitted that the husband is ready to Pay for the wife’s Conveyance.

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