Transfer of Matrimonial Proceedings -- Convenience of Wife and Welfare of Child -- Not Overriding Grounds
(i) Civil Procedure Code, 1908, S.24 -- Transfer of Matrimonial Proceedings -- Convenience of Wife and Welfare of Child -- Convenience of the wife and welfare of a minor child are relevant but not inflexible or overriding considerations for transfer of matrimonial proceedings. The decisive test is whether refusal of transfer would occasion a failure of justice. The burden of establishing genuine hardship lies on the applicant, and mere inconvenience or additional travel, absent compelling circumstances, cannot sustain transfer. (ii) Civil Procedure Code, 1908, S.24 -- Transfer of Matrimonial Proceedings -- Pendency of Connected Proceedings at Another Forum -- Avoidance of multiplicity of litigation is a relevant but neither conclusive nor determinative ground for transfer. Proceedings under the Hindu Marriage Act, 1955 and those under the Bharatiya Nagarik Suraksha Sanhita, 2023 are distinct in nature, scope and object, and their pendency before different courts does not warrant consolidation in the absence of demonstrable prejudice or likelihood of conflicting adjudications.
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