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Judgment
The applicant/wife has filed the present petition under Section 24 of the CPC seeking transfer Matrimonial Case No.208/2017 from Family Court, Mandsaur to Family Court, Gwalior. The marriage between applicant and respondent was solemnized on 06.12.2014 and out of their wedlock she gave birth to a male child on 14.11.2015 and at present he is residing with her.
The respondent filed a petition under Section 9 as well as under Section 13 of the Hindu Marriage Act,1955 before the Family Court, Mandsaur. After receipt of summon the petitioner has approached this Court by way of filing petition under Section 24 of the CPC seeking transfer mainly on the ground that being a lady it is not possible for her to travel all the way from Gwalior to Mandsaur and her parents are aged and they cannot give company to her. A two year child is also dependent on her. The distance between Mandsaur to Gwalior is 550 km.
Learned counsel for the respondent submits that petitioner is a Sub Divisional Officer in Public Health Engineering Department and she is residing in a Government Quarter and not with her parents and there is no reason to transfer the case from Mandsaur to Gwalior. Earlier, the petitioner was posted at Mandsaur, but she herself made a request for transfer from Mandsaur to Gwalior and vide order dated 27.06.2018, she has been transferred at her own request and the present petition has been filed only to harass the petitioner.
The normal rule is that the convenience of wife is required to be seen in the case of transfer of matrimonial cases. In a matrimonial case presence of parties are not required at every stage, they are required to be present in Court only at the time of conciliation or evidence. As a matter of course, wife cannot pray for transfer of all the matters to the place where she is residing as per her own convenience. Here the applicant is not a house wife but she is holding higher post than husband. She is working as Sub Divisional Officer in the Public Health Engineering Department. The respondent/husband's services cannot be transferred from out of range to Gwalior. Earlier, applicant herself was posted at Mandsaur, but she made a request on the ground that she has to look after her parents at Gwalior. Both husband and wife are holding the transferable post, therefore, on each and every occasions of transfer, proceedings cannot be transferred from one family Court to another, therefore, at this stage, no case for interference is made out.
Present MCC is accordingly dismissed.