Introduction

This case deals with the transfer of matrimonial and connected criminal proceedings on the ground of the wife’s convenience. The Supreme Court reiterated the well-settled principle that in matrimonial disputes, the wife’s convenience must be given paramount importance while deciding transfer petitions under Section 25 of the CPC.

Facts

The petitioner–wife sought transfer of two matrimonial cases filed by the husband from Noida (U.P.) to Solan (Himachal Pradesh), where she was residing. She contended that attending proceedings at Noida would cause undue hardship.

Issue

Whether matrimonial and connected criminal proceedings should be transferred to the place of residence of the wife, applying the principle of “wife’s convenience” in transfer petitions.

Held

The Supreme Court allowed the transfer petitions, directing that the matrimonial and criminal cases pending at Noida be transferred to the competent court at Solan, Himachal Pradesh.

Key Takeaways

• In matrimonial disputes, wife’s convenience is a paramount consideration for transfer of cases.
• The Court reiterated its settled position that forcing a wife to travel long distances to contest cases causes hardship and is contrary to the interests of justice.
• Transfer of connected criminal proceedings ensures effective adjudication and avoids multiplicity of litigation.

Conclusion

The judgment reinforces the protective approach of the Supreme Court in matrimonial matters by prioritizing the wife’s convenience while deciding transfer petitions. It ensures that women are not burdened with unnecessary hardship in pursuing legal remedies, while also promoting judicial efficiency by consolidating related proceedings before one court.