Court emphasizes alternatives to physical court appearances in matrimonial disputes, ensuring balanced proceedings without unnecessary transfers.
In a significant ruling, the Madhya Pradesh High Court, under the guidance of Judge Shri. Deepak Khot, has dismissed the transfer petition filed by Smt. Ekta Vaish seeking to move a matrimonial case from Narsinghpur to Harda. The case, RCSHM No.123/2025, involves a dispute under Section 9 of the Hindu Marriage Act filed by the respondent, Deepak Kuchbandiya. The court highlighted the growing trend of transfer petitions being filed by women on grounds of convenience, and emphasized that the convenience of the wife is not the sole criterion for transferring matrimonial cases.
The court's decision aligns with precedents set by the Supreme Court of India and other high courts, which advocate for alternatives such as video conferencing and the reimbursement of travel, lodging, and boarding expenses by the respondent. These measures ensure that the applicant can participate in proceedings without significant inconvenience, while also preventing unnecessary transfers that could disrupt the judicial process.
The court noted that Smt. Ekta Vaish had lodged FIRs against her husband in Narsinghpur, indicating her prior ability to travel to the location. In light of this, the court allowed her to attend hearings via video conferencing, except for examination dates, for which the respondent must bear all associated costs. This decision underscores the judiciary's commitment to maintaining a balanced approach in matrimonial disputes, where both parties' interests and conveniences are considered.
This ruling serves as a reminder of the judiciary's evolving stance towards leveraging technology and financial accommodations to address challenges in matrimonial litigation, ensuring access to justice without compromising on procedural efficiency.
Bottom Line:
Convenience of wife is not the sole criterion for transfer of matrimonial cases; alternatives such as video conferencing and payment of travel and accommodation expenses by the respondent can be considered.
Statutory provision(s): Civil Procedure Code, 1908 Section 24, Hindu Marriage Act, 1955 Section 9
Smt. Ekta Vaish v. Deepak Kuchbandiya, (Madhya Pradesh)(Jabalpur) : Law Finder Doc id # 2856691
