The Madhya Pradesh High Court recently said that in matrimonial cases, if the husband has custody of the children, then his convenience should be given more importance than the wife’s.
Justice Nandita Dubey observed that the husband, who is taking care of two minor sons, should not be forced to travel to another city for court proceedings. The court said:
“Since the husband is looking after his two minor sons, it would not be fair to ask him to leave them behind and attend court hearings in another district.”
In this case, the wife had asked the court to transfer the matrimonial case from Bareli (where the husband lives) to Ganj Basoda (where she lives). She explained that she had no income and no male support in her family to accompany her for the hearings.
She also pointed out that she had already filed two other cases against her husband in Ganj Basoda — one under the Domestic Violence Act and another under Section 125 CrPC for maintenance.
After hearing both sides, the Court decided that her financial concerns could be addressed by making the husband pay for her travel. So, the court instructed the family court to calculate her travel and stay expenses for each visit and ordered the husband to pay.
The court further ordered:
“The husband must pay travel and stay costs for the wife and her companion every time they travel from Ganj Basoda to Bareli for court hearings. He should ensure she faces no difficulty during the proceedings.”
Because of these arrangements, the court rejected the wife’s request to transfer the case.
Case Title: SMT. Harsha Sharma v. Rakesh Sharma
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