Transfer Petition: High Court Prioritizes Women’s Convenience in Matrimonial Disputes

In a significant ruling that underscores the importance of socio-economic factors in matrimonial disputes, the High Court of Punjab and Haryana, under the bench of Hon’ble Mr. Justice Sanjay Vashisth, has set a precedent prioritizing the convenience of women in case transfers. The decision dated November 15, 2023, revolved around a transfer application under Section 24 of the Code of Civil Procedure in a matrimonial dispute.

In the case of Reena Kumari vs. Ashok, the petitioner-wife sought the transfer of a petition, initially filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955. The transfer was requested from the Court of the Learned Principal District Judge, Family Court, Bhiwani, to a competent jurisdiction at Jind, citing economic hardship and lack of convenient transportation.

Justice Vashisth, in his ruling, emphasized, “In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioral pattern.” This statement highlights the Court’s approach towards balancing judicial discretion with the realities of socio-economic disparities.

The judgement also referenced several key Supreme Court rulings, including N.C.V. Aishwarya v. A.S. Saravana Karthik Sha, AIR 2022 SC 4318, and Rajani Kishor Pradeshi v. Kishor Babulal Pardeshi, (2005) 12 SCC 237, which underscore the importance of considering the wife’s convenience in transfer petitions.

In this landmark decision, the Court laid down comprehensive factors to be considered in such cases, including the economic conditions of both parties, social standing, custody of children, their education, and the physical well-being of both spouses. These factors collectively influenced the decision to transfer the case to a more accessible location for the petitioner-wife.

The ruling has been widely lauded as a step forward in recognizing the challenges faced by women in legal proceedings, particularly in matrimonial disputes. It sets a benchmark for future cases where the socio-economic conditions of the parties, especially the women, are a critical consideration for the judiciary.

The case was adeptly represented by Mr. Ashok K. Sharma (Bhana), Advocate for the applicant/petitioner, who successfully argued the need for considering the petitioner-wife’s hardships in the legal process.

Date of Decision: 15.11.2023

Reena Kumari VS Ashok