Topic: Smt. Kalpana Deviprakash Thakar vs Dr. Deviprakash Thakar - wife's Transfer plea rejected in matrimonial case

Smt. Kalpana Deviprakash Thakar vs Dr. Deviprakash Thakar
Bench: B Hansaria, K Venkataswami - Date Of Judgment: 04/11/1996

the Court disallowed the wife's plea for transfer of the matrimonial proceedings from Mumbai. to Palanpur



The petitioner has prayed for transfer     of divorce proceedings pending before the Family Court, Bombay to Palanpur in the State of Gujarat.

2. Being seized with a matrimonial matter, we thought that we should make efforts to see if the parties can reconcile. For this purpose we desired appearance of both the parties- in-person. Both     of them came of 29th October and we heard their views. It appears to us     that reconciliation is not presently possible for one reason or the other.

3. Insofar as     the prayer for transfer is concerned, we have not felt inclined     to grant the same for the following reasons:-

(a) The husband-respondent is a medical practitioner and so his    absence from Bombay would cause difficulty to his patients also.

(b) His old and ailing mother lives with him at Bombay who needs frequent medical check-up and constant care. (c) The witnesses in the case are principality from Bombay as would appear from    the list of witnesses which     was produced to us for our perusal.

(d) Petitioner-wife, has some near relations in Bombay. The petitioner, when asked about this fact, did not really deny the same. She, however, stated that they are not very close relatives and accommodation with them is insufficient. As, while coming for the trial, she would be required to stay for a day or two only     at Bombay, this is not a material objection.

(e) The husband has undertaken to bear the travelling expenses of the wife as and when she would    travel    from Palanpur to Bombay to attend court proceedings. Let him also bear the expenditure of an escort. (f) Palanpur    is well     connected by    train with Bombay, because of which the petitioner would not have to face much difficulty in undertaking the journey.

4. For the abovesaid reasons, the position is dismissed.