The Delhi High Court recently reiterated that while deciding transfer petitions in matrimonial disputes, the convenience of the wife should be given more weightage than the husband’s [Sarita Joshi v. Ravindra Bhushan Joshi].
Justice Dinesh Kumar Sharma stated in his order,
“The exercise of the jurisdiction while transferring the petition particularly in the matrimonial disputes, has to be undertaken in such a manner that there should not be any inconvenience caused to either of the parties. It is a settled practice that in such matters, the convenience of the wife has to be seen more. The request of the petitioner-wife can be declined only if there are weighty reasons behind the same.”
The Court was hearing a petition filed by the 68-year-old wife seeking the transfer of a case filed by the husband before the Principal Judge, Family Court at Dwarka to the Principal Judge, Family Court at Karkardooma.
It was argued on her behalf that two petitions filed for maintenance under Section 12 of the Domestic Violence Act, 2005, and under Section 125 of the Criminal Procedure Code, were pending before the Karkardooma Court.
On the other hand, counsel for the husband vehemently opposed the same and submitted that he was also 72 years of age and that his wife had provided the wrong address on affidavit.
He also contended that the petitioner-wife was enjoying all the benefits and the present application was being moved just to harass him.
After hearing the parties, the Court found no reason to decline the wife’s request for transfer of the case.
Hence, the case pending before the Principal Judge, Family Court, South West District, Dwarka Courts was withdrawn and assigned to the Principal Judge, Family Court, East District of Karkardooma Court.
Advocate RS Juneja appeared for the petitioner-wife, while Advocate DK Sharma appeared for the respondent-husband.