Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Convenience of wife along with minor child will prevail and it has to be given preference over the convenience of husband...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Husband willing to pay conveyance charges to the wife - Wife not gainfully employed - Husband not paying maintenance either to his wife or to child - Husband had not taken any steps ever since the birth of minor child either to look after him or to pay any maintenance - Offer of husband to pay..........
Civil Procedure Code, 1908, Section 24 -- Wife seeking transfer of case - Plea that same will be inconvenient to the power of attorney holder of husband - Inconvenience of power of attorney holder (whether he is male or female) is not a reason to deny transfer sought by wife - In the instant case taking note of convenience of wife, transfer petition allowed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Merely because applicant is a wife, Court should not be swayed by emotions tilting towards fairer sex...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Husband is a dealer while wife is a house wife - Making husband attend proceedings at a far off place would cause harassment to husband who is already seeking restitution of conjugal rights...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Couple having two daughters aged 12 and 8 years - Wife is residing with parents and thus not much of a cause for the wife unable to look after the children...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Invocation of jurisdiction u/s 24 CPC is not to be lightly inferred unless and until there are bonafide compelling reasons for Court to come to the aid of applicant...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Once maintenance pendente lite is granted and paid to wife, she cannot move transfer application on the ground of distance and financial stress - Application dismissed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Proceedings at the verge of final hearing - Transfer application is liable to be dismissed...........
Civil Procedure Code, 1908, Section 24 -- Wife seeking transfer of petition filed u/s 9 of Hindu Marriage Act by husband - Wife a working woman and mother of two minor children - Wife will face difficulties to travel for a long distance - There is no one in family who can look after children in absence of wife - Moreover, other litigation between parties is pending at..........
