The Madhya Pradesh High Court recently observed that a wife’s convenience is no longer a paramount consideration when deciding pleas seeking transfer of matrimonial proceedings [Smt Ekta Vaish v. Deepak Kuchbandiya]
Justice Deepak Khot delivered the ruling while dealing with a woman’s plea seeking transfer of her husband’s application for restitution of conjugal rights under the Hindu Marriage Act from Narsinghpur to Harda, where she resides.
The Court was informed of the wife’s application for maintenance under Section 125 of the Code of Criminal Procedure before a Harda court.
It was also submitted that the distance between the two places is more than 300 kilometers and that being a woman, she is entitled to contest the cases at a place of convenience.
However, the Bench, taking note of the recent judicial trend on transfer petitions, observed:
“It is clear that now convenience of wife/lady is not the paramount consideration for deciding the transfer applications and alternatives to transfer proceedings have been provided, viz. through Video Conferencing. If the matter is to be proved by the witnesses of the place where the matter is being prosecuted then the other side can suitably be adjusted by making payment of commute.”
The wife had argued that while residing at her matrimonial home, she was subjected to cruelty and assault, resulting in the registration of two cases at police stations in Narsinghpur.
She further alleged that due to continuous threats, she was finding it difficult to travel from Harda to Narsinghpur. However, the Court opined that she can appear before the Narsinghpur court through video conferencing.
“Since both the FIRs have been lodged by the applicant at Narsinghpur against the respondent-husband for which the applicant had to travel to Narsinghpur to record her statement as well as the fact that an application under Section 9 of the Hindu Marriage Act has been filed by the respondent-husband at Family Court, Narsinghpur, therefore, considering the totality of the facts and circumstances of the case, the application is disposed of with a direction that the applicant may appear before the Family Court, District Narsinghpur through video conferencing,” it said.
The Court also said that the wife shall appear physically before the family court when her examination is to be conducted, adding that the expenses for it shall be borne by the husband.
“The Family Court, Narsinghpur is directed to fix the date for examination of the applicant and accordingly, direct the respondent to make payment of the expenses of travel, lodging and boarding. For further dates and adjudication, the applicant is at liberty to appear before the Court through video conferencing and counsel who is appearing at Narsinghpur,” the Bench directed.
Advocate Samar Singh Rajput appeared for the petitioner.
[Read Judgment]