Select court in marital dispute as per wife’s convenience: HC

Shibu Thomas TNN

Mumbai: Convenience of the wife to attend legal proceedings should be considered while deciding on which court will hear a case of matrimonial dispute, the Bombay high court has ruled.
    Citing apex court judgments, HC Justice Sambhaji Shinde said, “In the proceedings filed by the husband, it is the convenience of the wife that should be looked into.”
    The court was hearing an application filed by Sheela Patil (27), who had urged for the shifting of a petition filed by her estranged husband Anil from Dhule to Shirdi, where she was staying with her parents. “It is not in dispute that the (couple’s) two minor daughters are staying with (Sheela) and it is very difficult for the applicant to travel from Shirdi to Dhule. There is no dispute that the distance between Shirdi to Dhule is approximately 200 km,” said Justice Shinde. “(Since Sheela) has to maintain (her daughters aged five and three), in my opinion, the balance of convenience would lie in favour of the applicant.”
    Anil and Sheela were married in 2006 in Rajasthan and the couple later shifted to Dhule. According to Sheela, she was harassed by her husband and in-laws after she gave birth to her first daughter. In 2010, she came to her parental home in Shirdi to deliver her second child. Sheela said that after she delivered her second daughter, Anil abused her and refused to take her back to their matrimonial home in Dhule.
    She filed an application seeking maintenance for her and the daughters, saying that Anil had neglected and failed to maintain them. Anil, too, filed a petition in Dhule. Sheela sought a transfer of the petition to Shirdi, saying it was difficult for her to travel to Dhule for the hearings as she had to take care of her young daughters. Anil opposed the plea, saying he was ready to reunite with his wife and maintain her.
    The court ruled in Sheela’s favour and ordered that the petition be transferred to Shirdi. It told the trial court judge, “since the proceedings in hand are matrimonial proceedings”, an endeavour should be made to dispose it off within a year.
    (Names changed to protect identities)

Source:::::  The Times of India, 10-04-2013, p.02, http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW&AW=1365570427881