28 August 2024 Civil Suits >> Civil & Consumer Law   |   Family dispute >> Family Law  

In a recent decision in Priyanka vs Mayur, the court has granted a Miscellaneous Civil Application (MCA) seeking the transfer of a matrimonial case from the Family Court at Bandra, Mumbai, to the Family Court No. 2 at Nagpur. This decision comes in the wake of an application filed by Priyanka Hirlekar, the applicant and wife, who argued that her relocation to Nagpur, where she resides with her elderly parents, made it excessively burdensome to travel to Mumbai for hearings.

Case Background:

The matrimonial dispute involves Priyanka Hirlekar and her husband, Mayur Hirlekar. The couple, married in 2016, has been embroiled in legal proceedings across various jurisdictions. Priyanka Hirlekar resides in Nagpur with her parents, while Mayur Hirlekar has been residing in Chicago, Illinois, for several years. In 2019, Priyanka initiated maintenance proceedings in Nagpur. However, Mayur filed a marriage petition in Mumbai in 2021 through his father, who acts as his Power of Attorney (PoA). Priyanka's application for the transfer of the case to Nagpur was based on several hardships, including financial dependency on her retired parents and the significant distance between Mumbai and Nagpur. She argued that her parents, both elderly, could not accompany her to Mumbai for every court hearing, making it difficult for her to attend the proceedings regularly.

Arguments and Court’s Observations:

The respondent's counsel, Ms. Palekar, opposed the transfer, highlighting that Mayur Hirlekar's father, who is prosecuting the case as PoA, faces significant difficulties traveling from Mumbai to Nagpur. She also pointed out that Priyanka, being well-educated with an MBA, should be able to manage traveling for the hearings. Additionally, she noted that Priyanka's family is financially secure, with her parents receiving substantial pensions and her brother running a business in Pune.

The court scrutinized these arguments and found them lacking in sensitivity. The bench noted that Mayur Hirlekar, residing comfortably in the United States, has shown disregard for the court orders related to maintenance payments, which remain unpaid despite several court directives. The court emphasized that the respondent’s objections seemed to overlook the applicant’s significant hardships, including the emotional and logistical difficulties faced by Priyanka and her elderly parents.

Legal Precedent and Court’s Decision:

Referencing the Supreme Court’s ruling in N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha (AIR 2022 SC 4318), the court highlighted that the principle guiding the transfer of matrimonial cases under Section 24 of the Code of Civil Procedure (CPC) prioritizes the convenience and hardship of the parties involved. The Supreme Court's judgment underscores that in matrimonial disputes, the wife’s convenience and the practical difficulties she faces are critical factors in deciding transfer applications. In this case, the court found the hardship faced by Priyanka Hirlekar to be substantial, given her dependence on her parents and the significant distance involved. The court dismissed the respondent’s arguments as self-serving and insensitive to Priyanka’s predicament.

Conclusion:

The court's ruling in favor of transferring the matrimonial petition to Nagpur aligns with established legal principles and considers the genuine difficulties faced by the applicant. The decision reflects a commitment to ensuring justice by acknowledging the significant impact of logistical and emotional hardships on the parties involved. The court has also imposed costs of Rs. 25,000 on the respondent for the unnecessary opposition to the transfer, to be paid within two weeks, further emphasizing the importance of fair and empathetic consideration in judicial proceedings. With the transfer order, the case will now be heard by the Family Court No. 2 at Nagpur, providing Priyanka Hirlekar with the much-needed relief and accessibility for her ongoing legal matters.