Code of Civil Procedure, 1908 – s.24 – Transfer – Power u/s.24, exercise of – Matrimonial matters – Petition filed by appellant-wife seeking transfer of a case for annulment of marriage filed by respondent-husband before Family Court, Vellore to the Family Court, Chennai – Rejected – On appeal, held: Cardinal principle for exercise of power u/s.24 is that the ends of justice should demand the transfer of the suit, appeal or other proceeding – Given the prevailing socio- economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer – Further, when two or more proceedings are pending in different Courts between the same parties raising common question of fact and law, decisions in the cases being interdependent, they should be tried together to avoid multiplicity in trial of the same issues and conflict of decisions – In the present case, appellant, aged about 21 years stays alone with her aged parents, it is difficult for her to travel all the way from Chennai to Vellore to attend the case filed by the respondent – Also, the appellant does not have any source of income of her own and is dependent on her parents – Further, she has also filed petitions for restitution of conjugal rights and maintenance before Family Court at Chennai – Petition filed by husband before Family Court, Vellore transferred to the Family Court at Chennai– All the three cases to be clubbed together – Order passed by High Court set aside – Hindu Marriage Act, 1955 – s.9 – Code of Criminal Procedure, 1973 – s.125.
Code of Civil Procedure, 1908 – s.24 – Transfer – Matrimonial matters – Factors to be considered – Held: In matrimonial matters, while considering the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, social strata of the spouses, their behavioural pattern, standard of life prior and subsequent to marriage, circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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