The Madhya Pradesh High Court recently observed that in matrimonial cases, when the husband has custody of the minor children, his convenience should be given more weight compared to the wife’s. This decision ensures that the husband isn’t forced to attend court proceedings far from his residence while caring for his children.
Justice Nandita Dubey noted that under such circumstances, it is unfair to compel the husband to travel and leave his children behind. The court stated, “It is undisputed that the two minor children of the petitioner are residing with and being taken care of by the respondent/husband. Under these circumstances, his convenience must be prioritized.”
In this case, the wife requested the court to transfer her matrimonial case from the district court where her husband resides to the district court where she resides. She argued that she had no source of income and no male family member to accompany her while traveling. She also mentioned that she had filed two cases in her district against her husband under the Domestic Violence Act and for maintenance under Section 125 CrPC.
After reviewing both parties’ submissions, the court observed that the wife’s financial difficulties could be alleviated if the husband covered her travel expenses. The court directed the family court to determine the travel expenses and ordered the husband to pay these costs.
The court instructed, “The respondent/husband is directed to pay the petitioner and her companion for travel and stay expenses each time she needs to travel from Ganj Basoda to Bareli. The Family Court at Ganj Basoda is directed to quantify the amount and ensure it is paid to her for each court appearance.”
Thus, the court rejected the wife’s application to transfer her matrimonial case, emphasizing the importance of the husband’s convenience in this situation.
Case Title: SMT. HARSHA SHARMA v. RAKESH SHARMA
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