The Allahabad High Court has reiterated that once a wife granted litigation expenses under Section 24 of Hindu Marriage Act, 1955, she cannot seek transfer of case on account of distance, financial stress.
The single-judge bench of Justice Neeraj Tiwari dismissed Transfer Application of a wife who was getting Litigation Expenses relying on SC precedent.
The Counsel for the husband while vehemently opposing the Transfer Application of the applicant-wife argued that during the pendency of divorce petition, applicant has filed an application under Section 24 of Hindu Marriage Act, 1955 for pendente lite maintenance and litigation expenses, which was partly allowed and opposite party is paying the litigation expenses as a result. Relying on Abhilasha Gupta vs. Harimohan Gupta, he contended that once the application under Section 24 of Act, 1955 is allowed and case is at the verge of final decision, no interference is required.
The Court accepted the contention and observed:
"Once the applicant has moved application under Section 24 of Act, 1955, which was allowed and uninterrupted litigation expenses is paid to her, she cannot move transfer application on the ground of distance and financial stress. Similarly, in case the proceedings is at the verge of final hearing, any interference in transfer application would only delay the proceedings. Therefore, under such circumstances, no interference is warranted and transfer application is liable to be dismissed."
However, in case of threat perception, liberty is given to the applicant to move application before the S.S.P., Etawah alongwith order of this Court for security for the date of appearance, the Court remarked.
Read Order Here:
Picture Source :
