Convenience Of Wife Has To Be Preferred Over That Of Husband While Considering Transfer Petitions In Matrimonial Disputes: Kerala HC [Read Order]
4 years, 6 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, 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. "It is well settled that in matrimonial disputes, while considering transfer petitions, the convenience of the wife has to be preferred over the convenience of the husband.

Court Family Court Convenience Matrimonial Disputes Transfer Thiruvananthapuram Husband Wife Petition Pathanamthitta Transfer Petitions Hc Read V Observed  preferred  wife  matrimonial  petition  husband  petitions  filed  hc  read  transfer  kerala  court  convenience  v  observed  order

History of this topic

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court
1 month, 1 week ago

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court

Live Law  

The Gujarat High Court dismissed a wife's revision plea challenging a family court order which rejected her Order VII Rule 11 CPC application for rejection of her husband's 'composite suit' for nullity of marriage and divorce alleging cruelty, after noting that there is no prohibition on filing such a suit or joint petition. Therefore, there cannot be any bar in …

Karnataka HC Declines Wife's Plea To Transfer Divorce Case, Says Safeguarding Women Is Admirable But Husband's Convenience Can't Be Overlooked
1 month, 3 weeks ago

Karnataka HC Declines Wife's Plea To Transfer Divorce Case, Says Safeguarding Women Is Admirable But Husband's Convenience Can't Be Overlooked

Live Law  

The Karnataka High Court has said that there should be a gender-neutral society which aims at preventing separation of duties according to sex or gender and the focus should be on equal treatment of men and women both in domestic affairs and workplaces. The court disallowed a plea for transfer of a divorce petition filed by the wife and stated …

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

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

Kerala HC allows 80-yr-old woman to be reunited with 92-year-old husband suffering from dementia
1 year, 5 months ago

Kerala HC allows 80-yr-old woman to be reunited with 92-year-old husband suffering from dementia

Hindustan Times  

Kochi: The Kerala high court recently allowed an 80-year-old woman to be reunited with her nonagenarian husband who was suffering from dementia, observing that the right of the wife of a senior citizen for his custody and consortium is “inviolable and absolute”. A single bench of the Kerala high court, in a ruling on October 6, accepted the writ petition …

Non-Participation In A Proceeding Of A Restitution Of Conjugal Rights Has Civil Consequences : Supreme Court
1 year, 7 months ago

Non-Participation In A Proceeding Of A Restitution Of Conjugal Rights Has Civil Consequences : Supreme Court

Live Law  

The Supreme Court observed that non-participation in a proceeding of a restitution of conjugal rights has civil consequences.This observation was made while allowing a transfer petition filed by a wife seeking transfer of the a petition filed under Section 9 of the Hindu marriage Act for restitution of conjugal rights, pending before the Court of Ld. This observation was made …

[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute
1 year, 8 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
2 years, 1 month 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
2 years, 2 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. …

Orders Giving Visitation Right/Temporary Child Custody Cannot Be Passed In A Proceedings For Restitution Of Conjugal Right : Supreme Court
2 years, 3 months ago

Orders Giving Visitation Right/Temporary Child Custody Cannot Be Passed In A Proceedings For Restitution Of Conjugal Right : Supreme Court

Live Law  

The Supreme court observed that orders giving visitation rights or temporary child custody cannot be passed in a proceedings under Section 9 of the Hindu Marriage Act.In this case, the husband filed a petition under Section 9 of the Hindu Marriage, Act, 1955, seeking Restitution of Conjugal Rights, against the wife before the Family Court. The Supreme court observed that …

[Kerala Marriage Registration Rules] Only Husband Or Wife Can Seek Correction Of Entries In Register Of Marriages, Not Any Third Party: High Court
2 years, 3 months ago

[Kerala Marriage Registration Rules] Only Husband Or Wife Can Seek Correction Of Entries In Register Of Marriages, Not Any Third Party: High Court

Live Law  

The Kerala High Court recently held that authorities can entertain an application under Rule 13 of Kerala Registration of Marriages Rules 2008 for correction or cancellation of entries in the Register of Marriages only at the instance of the parties to the marriage. Justice P. V. Kunhikrishnan observed that a third person who is not a party to the marriage …

Law Considers Women As 'Weaker Section' Of Society Requiring More Protection: Bombay High Court While Transferring Matrimonial Case
2 years, 6 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 …

Child's Convenience To Be Given Preference While Transferring Petitions Filed For Custody: Kerala High Court
2 years, 7 months ago

Child's Convenience To Be Given Preference While Transferring Petitions Filed For Custody: Kerala High Court

Live Law  

The Kerala High Court has ruled that while transferring petitions filed for custody of children, the convenience of the child should be given preference particularly when the wife is abroad and appearing through a power of attorney. Observing so, Justice C.S Dias transferred all the pending cases between a couple to the court near the permanent residence of their child. …

[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, 7 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 …

Generally Wife's Convenience Must Be Looked At While Considering Transfer Petition Under Section 24 CPC: Supreme Court
2 years, 7 months ago

Generally Wife's Convenience Must Be Looked At While Considering Transfer Petition Under Section 24 CPC: Supreme Court

Live Law  

The Supreme Court observed that generally it is the wife's convenience which must be looked at while considering transfer petition under Section 24 of the Code of Civil Procedure. "In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata …

Convenience Of Informant/Victim As Well As Of Accused, Prosecution Has To Be Seen Before Transferring Criminal Case: Allahabad HC
2 years, 10 months ago

Convenience Of Informant/Victim As Well As Of Accused, Prosecution Has To Be Seen Before Transferring Criminal Case: Allahabad HC

Live Law  

The Allahabad High Court has observed that before taking any decision regarding the transfer of a criminal case, not only the convenience of the applicant/ complainant/ informant/ victim is to be taken into consideration, but the convenience of the accused and prosecution is also to be taken into consideration.To observe thus, the Bench of Justice Saurabh Shyam Shamshery also relied …

Wife's Transfer Petition Can Be Allowed If Husband's Offer To Pay Conveyance Charges For Attending Hearings Not Bonafide: Telangana High Court
2 years, 10 months ago

Wife's Transfer Petition Can Be Allowed If Husband's Offer To Pay Conveyance Charges For Attending Hearings Not Bonafide: Telangana High Court

Live Law  

The Telangana High Court has recently ruled that even if the husband offers to pay the conveyance charges for the wife to appear for the family court hearings, if such an offer seems to have been made without bona fides, it can order for the case to be transferred to the Family Court near the residence of the wife. On …

Family Courts Act | Not All Transactions With In-Laws Qualify As Circumstance Arising Out Of Marital Relationship: Kerala High Court
2 years, 11 months ago

Family Courts Act | Not All Transactions With In-Laws Qualify As Circumstance Arising Out Of Marital Relationship: Kerala High Court

Live Law  

The Kerala High Court has ruled that every transaction by either of the spouse or by both of them with the in-laws or relatives cannot be termed as 'in circumstances arising out of a marital relationship under the Family Courts Act, 1984. A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas found that the impugned transaction in …

Temporary Shift In Residence Not A Foundation To Transfer Matters Pending Before Competent Jurisdiction : Kerala High Court Reiterates
3 years, 1 month ago

Temporary Shift In Residence Not A Foundation To Transfer Matters Pending Before Competent Jurisdiction : Kerala High Court Reiterates

Live Law  

The Kerala High Court on Tuesday held that a mere temporary shift of residence cannot be the basis on which a matter pending before the competent jurisdiction is transferred, particularly when the petitioner's permanent residence is within the jurisdiction of the competent court. Observing so, Justice A. Badharudeen refused to entertain a transfer petition filed by a woman who had …

Temporary Shift Of Residence By Itself Not A Valid Ground For Transfer Of Cases: Kerala High Court
3 years, 2 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, 3 months 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 …

When Spouse Refuses Offer To Cohabit Without Reasonable Cause, It Amounts To 'Constructive Desertion': Kerala High Court
3 years, 7 months ago

When Spouse Refuses Offer To Cohabit Without Reasonable Cause, It Amounts To 'Constructive Desertion': Kerala High Court

Live Law  

The Kerala High Court has held that when the appellant-husband makes an offer to resume the marital relationship, and the respondent-wife resists without any reasonable cause, failing to resume cohabitation, it would amount to "constructive desertion". While allowing an application for dissolution of marriage, a division bench of Justices A. Muhamed Mustaque and Kauser Edappagath drew from the Supreme Court …

Muslim women have right to invoke extra-judical divorce: Kerala HC
3 years, 11 months ago

Muslim women have right to invoke extra-judical divorce: Kerala HC

India TV News  

Overruling a nearly five-decade judgment, the Kerala High Court has restored the rights of Muslim women for divorce without resorting to judicial proceedings. Noting that the Holy Quran recognizes the right to divorce equally for both men and women, the bench observed that the dilemma of Muslim women, particularly in the State of Kerala, came to the fore when the …

Kerala High Court Issues Directions On How Family Courts Are To Adjudicate Cases Involving Extra Judicial Modes Of Divorce At The Instance Of Wife Under Muslim Law
3 years, 11 months ago

Kerala High Court Issues Directions On How Family Courts Are To Adjudicate Cases Involving Extra Judicial Modes Of Divorce At The Instance Of Wife Under Muslim Law

Live Law  

While upholding the validity of the extra judicial modes of divorce for women, the Kerala High Court recently issued directions to Family Courts on the course to follow while adjudicating cases that involved these methods. The Court directed that in the matter of talaq, khula, mubaraat, talaq-e-tafwiz, the Family Courts shall entertain such applications moved by either of the parties …

Unilateral Withdrawal Of Consent From Joint Divorce Petition, After Other Party Has Performed Obligations Under Agreement, Cannot Be Permitted : Kerala High Court
4 years, 1 month ago

Unilateral Withdrawal Of Consent From Joint Divorce Petition, After Other Party Has Performed Obligations Under Agreement, Cannot Be Permitted : Kerala High Court

Live Law  

The Kerala High Court has delivered a notable judgment holding that unilateral withdrawal of consent by a spouse from a joint petition filed for divorce, after the other party has performed his/her obligations under the agreement, is unsustainable in law.The Court termed it a "sharp practice, which cannot be permitted or tolerated for a moment as it would shatter the …

Inconvenience Of Wife Should Be Treated As Prime Consideration In Transfer Petitions Arising Out Of A Matrimonial Suit: Calcutta HC [Read Judgment]
5 years, 2 months ago

Inconvenience Of Wife Should Be Treated As Prime Consideration In Transfer Petitions Arising Out Of A Matrimonial Suit: Calcutta HC [Read Judgment]

Live Law  

In a transfer petition filed under Section 24 of CPC, the Calcutta High Court has ruled that if such transfer is sought by a wife during the course of matrimonial proceedings, the court should, while deciding the petition, take into consideration the inconvenience caused to her. Notably, this ruling runs contrary to a former observation made by the high court …

Divorce Petition Can Be Filed Through Power Of Attorney: Kerala HC [Read Judgment]
5 years, 11 months ago

Divorce Petition Can Be Filed Through Power Of Attorney: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has held that a petition seeking divorce under Section 13 of the Hindu Marriage Act can be filed through a power of attorney. Before the bench comprising of Justice AM Shaffique and Justice Ashok Menon, an order of Family court which dismissed a divorce petition on the ground that it was presented by power of attorney …

Application To Set Aside Ex Parte Divorce Decree Won’t Be Rendered Infructuous Merely Because The Spouse Remarried In The Meanwhile: Kerala HC [Read Judgment]
6 years, 4 months ago

Application To Set Aside Ex Parte Divorce Decree Won’t Be Rendered Infructuous Merely Because The Spouse Remarried In The Meanwhile: Kerala HC [Read Judgment]

Live Law  

‘Remarriage of the spouse is not a relevant factor to be taken into account in deciding the merits of an application filed for setting aside an ex parte decree of divorce.The Kerala High court has held that remarriage of the spouse who obtained an ex parte decree of divorce, after the filing of the application for setting aside the ex …

Application To Set Aside Ex Parte Divorce Decree Won’t Be Rendered Infructuous Merely Because The Spouse Remarried In The Meanwhile: Kerala HC [Read Judgment]
6 years, 4 months ago

Application To Set Aside Ex Parte Divorce Decree Won’t Be Rendered Infructuous Merely Because The Spouse Remarried In The Meanwhile: Kerala HC [Read Judgment]

Live Law  

‘Remarriage of the spouse is not a relevant factor to be taken into account in deciding the merits of an application filed for setting aside an ex parte decree of divorce.The Kerala High court has held that remarriage of the spouse who obtained an ex parte decree of divorce, after the filing of the application for setting aside the ex …

Kerala HC Rejects ‘Estranged’ Husbands’ Plea To Issue ‘Scientific Guidelines’ To Family Courts In Child-Custody Matters [Read Judgment]
6 years, 11 months ago

Kerala HC Rejects ‘Estranged’ Husbands’ Plea To Issue ‘Scientific Guidelines’ To Family Courts In Child-Custody Matters [Read Judgment]

Live Law  

Exercise of such a discretionary power by a court cannot be curtailed by issuing any guidelines, as is sought by the petitioners, the bench said.The High Court of Kerala recently rejected a plea of ‘estranged’ husbands to lay down scientific guidelines to family courts for an objective assessment of the welfare of the child, while deciding child-custody petitions.Ten husbands who …

Supreme Court asks if Kerala HC was justified in annulling Hadiya’s marriage
7 years ago

Supreme Court asks if Kerala HC was justified in annulling Hadiya’s marriage

Live Mint  

New Delhi: The Supreme Court Thursday asked if a roving inquiry could be ordered into the “issue of consent” between two adults who married at will and if the Kerala high court order annulling the marriage of Hadiya, an alleged victim of ‘love jihad’, was justified. The matter had come to fore when Jahan had challenged the Kerala high court’s …

Divorced Woman, Too, Can Seek Protection Under Domestic Violence Act: Kerala HC [Read Judgment]
8 years, 3 months ago

Divorced Woman, Too, Can Seek Protection Under Domestic Violence Act: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court in Bipin vs. Meera, has dealt with the question whether subsistence of the matrimonial relationship is the sine-qua-non for seeking reliefs under the Protection of Women from Domestic Violence Act, 2005.The petitioner husband, Bipin, married Meera in 2011 and a child was born to them. The Kerala High Court in Bipin vs. Meera, has dealt with …

An Adulterous wife cannot claim maintenance : Madras High Court [Read the Judgment]
9 years, 7 months ago

An Adulterous wife cannot claim maintenance : Madras High Court [Read the Judgment]

Live Law  

The Madras High Court, in M.Chinna Karuppasamy Vs. Kanimozhi, has held that a divorced wife is living in ‘illicit relationship’ with man other than her former husband is disqualified from claiming maintenance from her former husband. Justice Nagamutthu further held that “The decree obtained by the husband for divorce on proving the adulterous life of the wife cannot give a …

“Why should husbands made to suffer all the time”: SC refuses to transfer matrimonial dispute
10 years, 2 months ago

“Why should husbands made to suffer all the time”: SC refuses to transfer matrimonial dispute

Live Law  

Refusing to transfer a matrimonial dispute to the wife’s convenience, a Supreme Court Bench comprising of Chief Justice H.L. Sikri, observed, “Estranged wives seeking transfer of cases, filed by husbands, to their places of residence has become the order of the day. Why the husbands should be always made to suffer.” The Court has been rather lenient in acceding to …

“Why should husbands made to suffer all the time”: SC refuses to transfer matrimonial dispute
10 years, 2 months ago

“Why should husbands made to suffer all the time”: SC refuses to transfer matrimonial dispute

Live Law  

Refusing to transfer a matrimonial dispute to the wife’s convenience, a Supreme Court Bench comprising of Chief Justice H.L. Sikri, observed, “Estranged wives seeking transfer of cases, filed by husbands, to their places of residence has become the order of the day. Why the husbands should be always made to suffer.” The Court has been rather lenient in acceding to …

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