‘Bearing travel expense no ground for transfer of matrimonial case’

Ahmedabad Mirror | 4 days ago | 23-09-2022 | 06:00 am

‘Bearing travel expense no ground for transfer of matrimonial case’

Gujarat High Court has ruled that the offer by the husband to bear the cost of attending court by the wife cannot be grounds for objecting to transfer of case, particularly if it is inconvenient for her to travel for hearings, both physically and financially. The court turned down the offer made by the husband and ordered the transfer of two cases related to matrimonial dispute between them from Ahmedabad to Nadiad, where the wife stays with her parents.Significant rulingThe verdict assumes significance as the HC comes across several cases in which women file suits seeking transfer of cases to the city where they live rather than contesting the case in the city where she lived during marriage. Women file such applications to avoid long journeys and travel hardship. However, in most of the cases the men offer travel expenses to avoid transferring of the case to the city where the wife resides. In many cases previously, the HC had allowed husbands to pay the expense.In the instant case, the husband and wife both are medical practitioners, and the man has filed two cases in the Family Court in Ahmedabad to get divorce and deny his wife a share in his property. The man filed the case on the grounds of the wife being medically unfit. The woman lives in Nadiad and discontinued her private practice, leaving her with very few means of supporting herself financially. She had filed a suit in the HC to transfer the case but the husband protested and offered to pay for her travel expenses to attend court. However, the HC ruled in favour of the wife.The court said instead of offering travel costs to the wife, the man can spend that cost to attend the court in Nadiad where it is requested to be transferred. The husband also has the convenience of personal transport and it is easier for him to attend court cases in Nadiad, including the one which is already filed by the wife against him.The HC stated, “It is undisputed that the husband has shown the wife to be medically unfit, and with that medical condition alleged in his suit he expects wife to travel in a public transport and attend both the cases in Ahmedabad, whereas he is not ready to attend the court in Nadiad on the ground that he has two clinics in Ahmedabad.”The court also said, “The wife is aged about 42 years, having no personal means of transport, and her parents also do not have any personal transport. Therefore, it would be most inconvenient at the age of 42 years to travel in public transport, which may consume four hours to and fro, which is not desirable with a medical condition, as alleged by the husband.”

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