Bombay High Court Goa allows change of jurisdiction to allow petitioner’s convenience
Title: Devika Wadkar v. Venancio Pereira
Decided on: August 22, 2023
Citation: 2023 SCC OnLine Bom 1748
CORAM: HON’BLE JUSTICE PRAKASH D. NAIK
Facts of the Case
The petitioner has initiated matrimonial petition at Mapusa and petitioner husband has preferred Margao praying for the decree of custody of the minor child. The petitioner is seeking transfer of the proceedings initiated by the respondent in the Court at Margao to the Court at Mapusa where she has initiated the divorce proceedings. Learned counsel for the petitioner submitted that the proceedings initiated by the petitioner are pending since long. There were about more than 25 hearings. The petitioner is looking after the child. The custody proceedings were initiated by respondent subsequently. It would be convenient for both the parties to attend the proceedings at Mapusa.
Court Analysis and Judgement:
The Court held that the matter at hand is a matrimonial dispute between the petitioner and respondent. The respondent is husband of petitioner. The petitioner moved proceedings for divorce from the respondent which are pending before the Court at Mapusa. In fact, it would be convenient for both the sides to attend the proceedings in one Court. Petitioner is required to look after the child aged around 8 years. Considering the issue involved in the proceedings it would be appropriate to transfer the proceedings pending in the Court at Margao to the Court at Mapusa. Both matters were ordered to be heard by same Court.
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Written by- Reema Nayak
