The Madhya Pradesh High Court recently ruled that when a husband has custody of minor children in matrimonial cases, his convenience should be given more importance than that of the wife. The decision was made in a case where the wife sought to transfer a matrimonial case to a court in her district.
Court’s Observations
Justice Nandita Dubey noted that the husband, being the primary caregiver of the children, cannot be forced to travel long distances for court proceedings. The court stated:
“When the husband is taking care of the children, his convenience must be prioritized over the wife’s, as leaving the children behind to attend court proceedings would be burdensome.”
Background of the Case
The wife had filed an application to transfer the matrimonial case from the district where the husband resides to her district, citing financial difficulties and a lack of support from male family members for travel. She also pointed out that she had initiated cases under the Domestic Violence Act and Section 125 CrPC in her district.
Court’s Decision
After reviewing the submissions, the court acknowledged the wife’s financial constraints. However, instead of transferring the case, the court ordered the husband to cover her travel and accommodation expenses for court appearances.
The bench directed:
- The husband must pay for the wife’s and her companion’s travel and stay expenses each time she attends court.
- The Family Court in Ganj Basoda must determine the required amount and ensure it is paid before each appearance.
Outcome
The court dismissed the wife’s request to transfer the case but ensured that her financial difficulties would not prevent her from attending proceedings.
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