The Madhya Pradesh High Court recently ruled that in matrimonial cases where the husband has custody of minor children, his convenience should be given more importance than that of the wife. The Court emphasized that under these circumstances, the husband should not be required to attend court proceedings far from his residence.
Justice Nandita Dubey, who presided over the case, highlighted that the two minor children live with and are cared for by their father. Considering this, the Court ruled that the husband’s convenience must be prioritized. The Court stated, “Since the husband is taking care of his two minor sons, he should not be forced to leave them behind to attend proceedings in another district.”
In this case, the wife had requested that her matrimonial case be transferred from the district court where her husband resides to the district court where she lives. She argued that she lacked financial resources and had no male family member to accompany her on trips to another district for court proceedings. Additionally, she mentioned that she had already filed two cases in her district against her husband under the Domestic Violence Act and for maintenance under Section 125 of the CrPC.
After reviewing the arguments from both sides, the Court suggested that the husband cover the wife’s travel expenses to address her financial concerns. The Court directed the family court to determine the cost of the wife’s travel so the husband could pay her for each trip.
The Court ordered, “The respondent/husband is required to pay for the petitioner’s and her companion’s travel and stay expenses each time she must travel from Ganj Basoda to Bareli. The Family Court at Ganj Basoda must ensure that these payments are made for every required court appearance.”
Consequently, the Court rejected the wife’s application to transfer her matrimonial case.
Case Title: SMT. HARSHA SHARMA v. RAKESH SHARMA
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
