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Convenience of Wife Major Factor While Considering Application for Case Transfer: Bombay HC

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Convenience of Wife Major Factor While Considering Application for Case Transfer: Bombay HC

Last Updated: January 27, 2023, 20:52 IST

The court, in its order, noted that merely because the wife was visiting Pune when she was working would not disentitle her from seeking transfer.

The courtroom, in its order, famous that merely as a result of the spouse was visiting Pune when she was working wouldn’t disentitle her from searching for switch.

The High Court was listening to a writ petition filed by a lady in a household petition, whereby she had prayed that the case ought to be transferred to Panvel from Pune

A single-judge bench of Justice Amit Borkar of the Bombay High Court not too long ago noticed that comfort of the spouse ought to be of main consideration whereas transferring a case to a different courtroom.

The High Court was listening to a writ petition filed by a lady in a household petition, whereby she had prayed that the case ought to be transferred to Panvel from Pune. In her plea, she had sought switch on the grounds that it was inconvenient for her to journey to Pune to attend the hearings and that she was depending on her dad and mom for her revenue. She additionally acknowledged that she was not acquainted with any lawyer in Pune.

The husband, in his reply, submitted that there have been materials suppression details. He argued that when the applicant was working, she used to journey to Pune and that she had additionally traveled to varied states in India and likewise Malaysia. He additional submitted that it could be inconvenient for him to journey to Panvel as he has to take care of his mom in Pune.

The courtroom mentioned that it was a settled precept that ordinarily the comfort of the spouse must be thought-about whereas deciding an utility for switch of proceedings. The courtroom rejected the judgments cited by the husband on the grounds that they arose out of peculiar details of every case and the commentary made therein are restricted to the details of the case.

The courtroom, in its order, famous that merely as a result of the spouse was visiting Pune when she was working wouldn’t disentitle her from searching for switch.

The courtroom mentioned, “In the facts of the present case, undisputedly, the applicant is residing at Panvel. Merely because while she was working she used to travel to Pune does not disentitle her from seeking transfer of proceeding from Pune to Panvel.”

While noting that the comfort of the spouse is an element whereas contemplating a switch utility, the courtroom mentioned, “Convenience of the wife would be major factor while considering the application for transfer. The applicant is residing at Panvel and it would be inconvenient for her to travel to Pune and even otherwise husband is required to attend proceedings pending before criminal courts at Panvel”

The courtroom allowed the husband to file an utility earlier than the prison courtroom to repair the issues pending earlier than it on the identical day fastened by Civil Judge, Senior Division Panvel, and requested the prison courtroom to checklist the matter on the identical date whether it is doable.

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