Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi .

Factual and Procedural Background

The court heard a transfer petition filed by the wife seeking transfer of Hindu Marriage Petition No. 6 of 2004, titled “Kishor Babulal Pardeshi v. Rajani Kishor Pardeshi,” from the Court of Civil Judge, Senior Division at Panvel, Mumbai, Maharashtra to the Family Court of proper jurisdiction at Satana, Madhya Pradesh. The wife sought transfer on the grounds of lack of financial capacity to contest the litigation in Mumbai and her dependence on her brother, who is also stated to be financially weak. The husband opposed the transfer, asserting that attending proceedings at Satana would be equally inconvenient for him, and offered to pay the wife’s travel expenses to Mumbai. After hearing both parties, the court issued an order on the transfer request.

Legal Issues Presented

1. Whether Hindu Marriage Petition No. 6 of 2004 should be transferred from Panvel, Mumbai, Maharashtra to the Family Court at Satana, Madhya Pradesh based on the wife’s financial hardship and residence circumstances.
2. In matrimonial transfer matters, whose convenience should be given primacy when deciding a transfer application.

Arguments of the Parties

Wife (Petitioner)

• Lacks the financial capacity to contest the litigation in Mumbai.
• Resides with her brother, who is also financially weak and unable to accompany her.
• Seeks transfer to the Family Court of proper jurisdiction at Satana, Madhya Pradesh.

Husband (Respondent)

• Opposes the transfer, contending that attending proceedings at Satana is equally inconvenient for him.
• Offers to pay the wife’s travel expenses to Mumbai to mitigate hardship.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court stated that in matters of this nature, the convenience of the wife is to be preferred over that of the husband. Applying this principle to the facts presented—namely, the wife’s lack of financial capacity and her dependence on a financially weak brother—the court determined that the equities favored transferring the case. Despite the husband’s opposition and his offer to cover travel expenses, the court prioritized the wife’s convenience and granted the transfer.

Holding and Implications

TRANSFER PETITION ALLOWED; CASE TRANSFERRED.

The court ordered that Hindu Marriage Petition No. 6 of 2004, “Kishor Babulal Pardeshi v. Rajani Kishor Pardeshi,” pending before the Court of Civil Judge, Senior Division at Panvel, Mumbai, Maharashtra, be transferred to the Family Court of proper jurisdiction at Satana, Madhya Pradesh. The immediate consequence is that all further proceedings will occur before the designated Family Court at Satana. The order addresses the parties’ convenience in this specific case and does not set out broader doctrinal implications beyond the stated principle that the wife’s convenience is preferred in such transfer matters.