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

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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 the other hand, Advocate S. Chalapathi Rao appearing for the petitioner relied on the Supreme Court decisions to argue that in such matrimonial disputes, the convenience of the wife is to be preferred over the convenience of the husband and the wife is entitled for the withdrawal and transfer of the plea pending before Family Court at Hyderabad to Karimnagar where she resides. In such facts and circumstances of the case, it was found that since the respondent has not taken any steps ever since the birth of their son either to look after him or to pay any maintenance, his offer that he is willing to pay the conveyance charges to his wife for her appearance before the Family Court at Hyderabad for every hearing has no bona fides and not acceptable. After giving thoughtful consideration to the principles laid by the Supreme Court that the convenience of wife can be compensated by the husband by paying conveyance charges, the Court observed that each case depends on its own facts and the principles laid in the above decisions are distinguishable from the facts of the present case.

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