Wife Must Show Cogent Reasons To Transfer Matrimonial Proceedings Instituted By Her, Mere Transferrable Job Not Ground: Punjab & Haryana HC
3 weeks, 6 days ago

Wife Must Show Cogent Reasons To Transfer Matrimonial Proceedings Instituted By Her, Mere Transferrable Job Not Ground: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has said that the transfer of matrimonial cases cannot be allowed merely on the ground that the wife being in transferable job has shifted to another place.Justice Sumeet Goel said, "In case; if wife in question is employed in a transferable job, she cannot be permitted to seek transfer nay repeated transfer of the matrimonial related litigation if her. The Punjab and Haryana High Court has said that the transfer of matrimonial cases cannot be allowed merely on the ground that the wife being in transferable job has shifted to another place. Justice Sumeet Goel said, "In case; if wife in question is employed in a transferable job, she cannot be permitted to seek transfer nay repeated transfer of the matrimonial related litigation if her job results in her being transfer from one place to another. In a given case; if the wife has instituted proceeding pertaining to matrimonial dispute at her own instance, she would be required to show pertinent reasons for seeking transfer thereof," said the Court.

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History of this topic

Wife Must Show Cogent Reasons To Transfer Matrimonial Proceedings Instituted By Her, Mere Transferrable Job Not Ground: Punjab & Haryana HC
3 weeks, 6 days ago

Wife Must Show Cogent Reasons To Transfer Matrimonial Proceedings Instituted By Her, Mere Transferrable Job Not Ground: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has said that the transfer of matrimonial cases cannot be allowed merely on the ground that the wife being in transferable job has shifted to another place.Justice Sumeet Goel said, "In case; if wife in question is employed in a transferable job, she cannot be permitted to seek transfer nay repeated transfer of the …

Courts Should Not Adjudicate From 'Ivory Tower': Punjab & Haryana HC On Family Court's Denial Of Interim Maintenance To Wife
1 month ago

Courts Should Not Adjudicate From 'Ivory Tower': Punjab & Haryana HC On Family Court's Denial Of Interim Maintenance To Wife

Live Law  

The Punjab & Haryana High Court has said that Courts are mandated to adopt a pragmatic approach by focusing on the substantive financial realities rather than being influenced by the mere formal appearance of employment or income in maintenance proceeding.The Court modified the order of a Family Court wherein, it did not grant any maintenance to wife because she held …

[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute
1 year, 5 months ago

[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute

Live Law  

The Kerala High Court recently held that when a wife seeks transfer of a matrimonial case to a court of her convenience, it should ordinarily be allowed by the court. A division bench of Justice Anil K Narendran and Justice P G Ajithkumar passed the order relying on a catena of Apex Court decisions that held that the convenience of …

Matrimonial Dispute| 'Transfer Isn't Always Allowed In Wife's Favour': P&H High Court Grants Relief To Husband Suffering From Brain Cancer
1 year, 10 months ago

Matrimonial Dispute| 'Transfer Isn't Always Allowed In Wife's Favour': P&H High Court Grants Relief To Husband Suffering From Brain Cancer

Live Law  

Granting relief to the husband in a matrimonial dispute case, the Punjab And Haryana High Court observed that it isn't the case that transfer of a case is always allowed in favor of the wife.With this, the bench of Justice Nidhi Gupta allowed the transfer plea filed by a husband and ordered to transfer oa case filed by the wife …

‘Intention to Harass Wife Must be Discouraged’: Calcutta HC Dismisses Husband's Case Transfer Plea
1 year, 11 months ago

‘Intention to Harass Wife Must be Discouraged’: Calcutta HC Dismisses Husband's Case Transfer Plea

News 18  

The Calcutta High Court recently dismissed a plea moved by a husband to transfer the case for maintenance filed by his wife. The single-judge bench noted that in his revision plea, the husband said the case filed by his wife may be transferred to any court, except Burdwan, where the wife was currently residing, which prima facie proved his ill-intention. …

Law Considers Women As 'Weaker Section' Of Society Requiring More Protection: Bombay High Court While Transferring Matrimonial Case
2 years, 4 months ago

Law Considers Women As 'Weaker Section' Of Society Requiring More Protection: Bombay High Court While Transferring Matrimonial Case

Live Law  

The Bombay High Court last week transferred a matrimonial case observing that law considers women as belonging to weaker section of society and her inconvenience needs to be prioritized. The court observed, "Even though this reason may be of some importance, the fact that the Applicant in Miscellaneous Civil Application No.171 of 2022 is a lady, her inconvenience needs to …

[Transfer Of Matrimonial Case] More Weightage To Be Given To Husband's Convenience When He's Taking Care Of Children: MP High Court
2 years, 4 months ago

[Transfer Of Matrimonial Case] More Weightage To Be Given To Husband's Convenience When He's Taking Care Of Children: MP High Court

Live Law  

The Madhya Pradesh High Court recently in an application for transfer of a matrimonial case observed that when it's the husband who has the custody of the minor children, more weightage has to be given to his convenience compared to that of the wife. The bench comprising of Justice Nandita Dubey further noted that under such circumstances, the husband cannot …

Husband A "Desperado", Wife Travelling 55 Kms To Pursue Divorce Proceedings Under Grave Threat: P&H High Court Allows Transfer Plea
2 years, 7 months ago

Husband A "Desperado", Wife Travelling 55 Kms To Pursue Divorce Proceedings Under Grave Threat: P&H High Court Allows Transfer Plea

Live Law  

Punjab and Haryana High Court on April 28, 2022, while dealing with a transfer plea by the wife in a divorce case has allowed the transfer on the ground that it is difficult for the wife who has a minor child to travel a distance of 55 km. The bench comprising Justice Fateh Deep Singh held that it is certainly …

Wife Can't Be Denied Maintenance On Grounds That She Is Well-Educated: Punjab And Haryana High Court
2 years, 7 months ago

Wife Can't Be Denied Maintenance On Grounds That She Is Well-Educated: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court has observed that a wife cannot be denied maintenance on the grounds of being well-educated and that a husband is legally and morally responsible to look after his wife and childrenThe Bench of Justice Rajesh Bhardwaj observed thus in a petition filed by a husband challenging an order of the Principal Judge, directing him …

Temporary Shift Of Residence By Itself Not A Valid Ground For Transfer Of Cases: Kerala High Court
2 years, 11 months ago

Temporary Shift Of Residence By Itself Not A Valid Ground For Transfer Of Cases: Kerala High Court

Live Law  

While considering a series of transfer petitions moved by a woman, the Kerala High Court ruled that shifting from permanent residence to a temporary residence by itself is not a ground to transfer cases pending within the jurisdiction of the permanent residence of both parties.Justice A. Badharudheen dismissed the transfer petitions observing that allowing such pleas would result in cases. …

Wife Having No One In Family To Escort Her To Court A Good Ground For Transfer Of Matrimonial Case: Allahabad HC
3 years ago

Wife Having No One In Family To Escort Her To Court A Good Ground For Transfer Of Matrimonial Case: Allahabad HC

Live Law  

While allowing a transfer application filed by a woman seeking to transfer a divorce case proceeding, the Allahabad High Court recently observed that the applicant-wife having no one in her family to escort her on the journey to court is a good ground for the transfer of a case.Observing thus, the Bench of Justice Vivek Varma allowed the application of …

Convenience Of Wife Has To Be Preferred Over That Of Husband While Considering Transfer Petitions In Matrimonial Disputes: Kerala HC [Read Order]
4 years, 3 months ago

Convenience Of Wife Has To Be Preferred Over That Of Husband While Considering Transfer Petitions In Matrimonial Disputes: Kerala HC [Read Order]

Live Law  

In matrimonial disputes, while considering transfer petitions, the convenience of the wife has to be preferred over the convenience of the husband, the Kerala High Court observed in an order passed on Monday.The Court observed thus while allowing a Transfer Petition filed by a wife, against whom the Husband had filed divorce petition before Family Court, Pathanamthitta. In matrimonial disputes, …

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