Law on Transfer of Matrimonial Cases generally fovours convenience of Wife, Read SC Order

The Supreme Court has observed that as per socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer in matrimonial matters.

The Division Bench comprising of Justice S. Abdul Nazeer and Justice JK Maheshwari while adjudicating upon an appeal on the similar issue observed:

"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 behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life."

Further noting that the cardinal principle for exercise of power under Section 24 CPC is that the ends of justice should demand the transfer of the suit, appeal or other proceeding, the Court opined:

"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 behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic 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 which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions, the Court ruled.

In the present matter, thus noting that the appellant is a young lady aged about 21 years, staying alone along with her aged parents and it is difficult for her to travel all the way from Chennai to Vellore to attend the court proceedings of the case filed seeking annulment of marriage, the Court transfered the case.

The cases were also clubbed together to avoid multiplicity of the proceedings and conflict of decisions.

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