There is no straight-jacket formula that can be adopted in order to determine the transfer proceedings. It is not a mandatory rule that the transfer applications are always to be transferred for the asking of the wife, but at the same time, the wife, in situations where she is disadvantaged on recognized parameters, for the sake of equity, her interests are to be safeguarded. Such an observation was made by the Hon’ble Allahabad High Court before Hon’ble Justice Vivek Varma in the matter of Smt. Garima Tripathi vs Suyash Sharma [TRANSFER APPLICATION (CIVIL) No. – 206 of 2021].
The facts of the case were that both the parties were married according to the Hindu rites on 02.06.2017. They both have turned into an estranged couple. The opposite party has filed a petition under Section 10 read with Section 13(1)(i-a) of the Hindu Marriage Act, 1955 against the applicant.
The Hon’ble High Court held that the expenditure involved in traveling to Kanpur from Allahabad is not very relevant, as that can always be compensated by directing the husband to pay for the wife’s travel. However, in the instant case, the husband is already willing to pay the traveling cost, but the applicant-wife has no one in her family to escort her on the journey.
Additionally, the Hon’ble High Court referred to the case of Anjali Ashok Sadhwani Vs. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374, and Fatema Vs. Jafri Syed Husain (Parvez), AIR 2009 SC 1773 wherein the court observed “Having heard the learned counsel for the parties and after going through the materials on record and considering the fact that the distance between Mumbai, Maharashtra, and Indore, Madhya Pradesh is about 900 km and also considering the fact that the petitioner wife has no one in her family to escort her during her journey from Mumbai to Indore, we feel it proper to transfer the case from Family Court of Indore, Madhya Pradesh to Family Court at Bandra, Mumbai. Accordingly, the case being Petition No. 83 of 2006 stands transferred from Family Court of Indore, Madhya Pradesh to Family Court of Bandra at Mumbai, Maharashtra.”
Finally, the Hon’ble High court allowed the present transfer application.
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Judgment Reviewed by: Rohan Kumar Thakur
